RALEIGH, N.C.—North Carolina Business Court witnessed a pivotal moment Thursday as the first climate deception case in the state unfolded. Attorneys representing Carrboro and Duke Energy debated for six hours over whether a jury should hear allegations that Duke Energy lied about climate change’s link to extreme weather causing substantial property damage in Carrboro.
The case was initiated in December 2024 when Carrboro filed a lawsuit against Duke Energy. The town accused the utility of promoting a long-standing deception campaign to undermine the connection between fossil fuels and climate change.
The alleged deception perpetuated reliance on coal and natural gas, contributing to greenhouse gas emissions and intensifying climate change effects like heat waves, heavy rainfall, and severe storms. Carrboro claims these effects caused millions in damages to 47 miles of roads and other properties.
Matthew Quinn, representing Carrboro, asserted, “Each step—boom, boom, boom—is a natural sequence.” The town incurred at least $20 million in damages from Tropical Depression Chantal in July, seeking reparations for past and future impacts.
Quinn compared the case to tobacco litigation, stating, “Duke’s massive deception got everybody hooked on fossil fuels, like Philip Morris” with cigarettes.
Duke Energy challenged the lawsuit as baseless, with attorney Hunter Bruton arguing, “There are other emissions sources. There is no way to trace a statement by Duke to a pothole in Carrboro.”
If the case proceeds, Carrboro plans to present climate attribution scientists to establish causality between extreme weather and climate change.
The allegations claim the deception started in the 1990s when Duke Energy, through energy front groups, funded campaigns dismissing climate change despite knowing fossil fuel emissions were heating the planet.
Duke, an influential member of the Global Climate Coalition, allegedly propagated misleading claims about fossil fuels in a 1994 Climate Watch Bulletin edition, according to the complaint.
Duke was also involved with the Edison Electric Institute, which had knowledge since 1968 about fossil fuel impacts on the atmosphere. Yet, in 1991, the institute ran ads questioning climate change’s validity.
Judge Mark A. Davis questioned whether the case was about damages or a maneuver for policy change regarding emissions.
Duke Energy’s attorneys responded, “The only way to get exacerbated climate change is to have exacerbated emissions.”
Recently, state law allowed Duke Energy to delay meeting a key carbon reduction benchmark, pushing the goal of net-zero emissions to 2050.
Carrboro argues Duke Energy’s actions are a public and private nuisance, affecting the town’s property enjoyment. The utility’s actions also allegedly constitute “trespass” due to climate change-induced damage.
Duke Energy’s attorney Sterland Marchand dismissed the allegations, stating, “We don’t control the weather or the rain or the heat.”
Quinn emphasized Duke Energy must face consequences for its deception. “Their position is there are no legal consequences and parties like Carrboro can’t pursue damages. There is legal redress.”
Judge Davis did not issue a ruling Thursday, requesting additional briefs on “traceability” by Oct. 25 to determine if Carrboro’s climatic effects can be directly linked to the alleged deception.
Original Story at insideclimatenews.org