CHARLOTTE — Duke Energy filed a motion Monday to dismiss a lawsuit that alleges the utility contributed to and lied about climate change for decades.
The lawsuit, filed by the town of Carrboro in December, alleges Duke Energy funded and participated in a public relations campaign to downplay and spread disinformation about climate change and the role of fossil fuels. The suit alleges this in turn led to increased carbon emissions and fossil fuel reliance in North Carolina and beyond and that communities like Carrboro are suffering the damage as they must respond to and prepare for more severe weather events.
In its motion, Duke Energy argues Carrboro has no standing to file such a suit and that the town is unable to trace the global phenomenon of climate change back to Duke Energy alone. Therefore, the utility argues, Duke Energy cannot be held accountable for the alleged damages in this suit.
“Carrboro seeks to use North Carolina common tort law to hold Defendant Duke Energy Corporation (“Duke Energy”), alone, liable for the alleged past and future effects of global climate change on Carrboro,” the motion reads.
Furthermore, the utility argues it’s not up to the court to litigate its emissions. The General Assembly and state regulators including the North Carolina Utilities Commission and the Department of Environmental Quality already have laws and frameworks in place to address pollution and emissions. All of Duke Energy’s power plants and planned buildouts have been regulated and approved through these agencies.
“Carrboro’s claims would require the Court to usurp other political branches’ power to set energy and climate policy,” the motion said.
In response to the motion to dismiss, NC WARN, a nonprofit which is helping to fund Carrboro’s lawsuit sent a release saying in part, Duke Energy is the third largest polluting corporation in the United States and that its top executives have worked among the ringleaders of the scheme to deceive the public about the science of climate change.
NC WARN goes on to say, though this is the first time a municipality has attempted to sue a fossil fuel company for its role in causing climate change, motions to dismiss in other similar cases have been rejected.
Carrboro’s attorney plans to file a response to Duke Energy’s motion by May 1.
VIDEO: Town of Carrboro sues Duke Energy for contributing to and lying about climate change
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