The District of Columbia Superior Court allowed the District of Columbia to proceed with claims against fossil fuel companies under D.C.’s Consumer Protection Procedures Act (CPPA). The court issued four separate orders, one for each set of affiliated companies, with each order addressing the particular arguments made by a set of defendants.

In its order on BP p.l.c. and BP American Inc.’s (BP defendants’) motion to dismiss, the court concluded that the District plausibly alleged that the defendant companies could be held liable for “climate-denialism” statements made by trade associations. Although the court found that the District stated greenwashing claims against the BP defendants, it said it would “not now decide whether the individual statements sufficiently relate to goods or services such that the CPPA applies.” The court disagreed with the BP defendants’ argument that because there was “common knowledge” of climate change’s risks, the alleged greenwashing statements could not mislead a reasonable consumer. The court did find, however, that the District did not state a facially plausible misrepresentation claim regarding the Invigorate fuel additive, though it rejected the BP defendants’ argument that the complaint did not sufficiently allege that its statements about natural gas were misleading. The court also found that the BP defendants’ omissions were actionable under the CPPA and found that the claims were not “in and of themselves First Amendment violations worthy of dismissal.” Because the court agreed with the District that it was not seeking relief for the physical effects of climate change, the court declined to consider the BP defendants’ arguments that D.C. law was preempted by the Clean Air Act or otherwise could not constitutionally apply.

Lawsuit filed by the District of Columbia against oil and gas companies for allegedly violating the Consumer Protection Procedures Act by misleading consumers about “the central role their products play in causing climate change.”

District of Columbia v. Exxon Mobil Corp.

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Trial Court Allowed District of Columbia’s Consumer Protection Claims to Proceed Against Fossil Fuel Companies

Filed

United States of America

District of Columbia

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