A New York trial court dismissed New York City’s claim that American Petroleum Institute (API) engaged in deceptive trade practices in violation of New York City’s Consumer Protection Law. First, the court found that personal jurisdiction was not established because API did not acquiesce to general jurisdiction by registering to do business in New York and because the City did not allege that API’s alleged false and misleading greenwashing statements were targeted at New York State. Second, the court found that New York City did not sufficiently plead that API’s statements were “in connection with the sale or purchase of fossil fuel products” as required for liability under the Consumer Protection Law. The court rejected, however, API’s argument that New York’s anti-SLAPP (Strategic Lawsuit Against Public Participation) law barred the City’s claim. The court said it was “hard-pressed to find that the New York State Legislature intended for the anti-SLAPP law to apply to New York governmental agencies that are empowered to work on behalf of the citizens of New York.” The court also was persuaded that there was a presumption in New York law against allowing general statutory language to bind the State and its political subdivisions.

Lawsuit against oil and gas companies and trade group alleging they systematically and intentionally misled consumers about their products' role in causing climate change.

City of New York v. Exxon Mobil Corp.

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New York Court Dismissed American Petroleum Institute from New York City’s Climate Change Consumer Protection Case

Filed

United States of America

New York

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