Delaware judge limits scope of sweeping climate change lawsuit against fossil fuel companies
ABC News
A judge has rejected several claims lodged by Delaware’s attorney general in a lawsuit alleging that the fossil fuel industry has downplayed the risks of climate change
DOVER, Del. -- A judge has rejected several claims lodged by Delaware’s attorney general in a lawsuit alleging that the fossil fuel industry has downplayed the risks of climate change. Tuesday’s ruling significantly narrows the scope of the suit seeking to hold the industry liable for the effects of air pollution in the state.
Democratic Attorney General Kathleen Jennings filed the lawsuit in 2020, joining forces with a California law firm that has sued the oil industry on behalf of other state and local governments.
While refusing to dismiss come claims, Superior Court Judge Mary Johnston ruled, for example, that the federal Clean Air Act preempts the state’s claims seeking damages for injuries resulting from out-of-state or global greenhouse emissions and interstate pollution.
However, Johnston noted that the Clean Air Act doesn't preempt alleged claims and damages resulting from air pollution originating from sources within Delaware.
“Air pollution prevention and control at the source is the primary responsibility of state and local governments,” she wrote.
