Town of Carrboro v. Duke Energy Corp.

The Town of Carrboro filed a lawsuit seeking to hold Duke Energy Corporation liable for climate change-related damages that the Town alleged were caused by Duke Energy’s “knowing deception campaign concerning the causes and dangers posed by the climate crisis.” The Town alleged that Duke Energy—which the Town alleged owned, operated, and controlled numerous electric utilities that relied heavily on fossil fuels as well as numerous natural gas companies— had “understood the dangers of climate change for decades” and was among the largest emitters of greenhouse gases in the U.S. The complaint alleged that Duke Energy participated in a “decades-long campaign” to deceive policymakers and the public about the risks of climate change and also engaged in “widespread ‘greenwashing’ to suggest to the public that it is committed to clean energy and addressing the climate crisis.” The Town contended that these actions “delayed the critical transition away from fossil fuels and thereby materially worsened the climate crisis.” The Town alleged that it has taken actions to mitigate its contribution to climate change and that it was incurring and would continue to incur millions of dollars in damages, including impacts to roads from increasing temperatures and precipitation rates, stormwater system impacts due to more frequent heavy rainfall events, higher electricity costs due to increasing temperatures, and “recurring invasions and interferences” such as extreme temperatures, riverine and urban flooding, hurricanes, and more frequent and intense extreme precipitation. The Town asserted claims of public nuisance, private nuisance, trespass, negligence, and gross negligence and sought damages, pre-judgment and post-judgment interest, and costs and expenses, including attorneys’ fees.