A judge is considering Duke Energy's motion to dismiss a lawsuit brought against it by the town of Carrboro.
The town filed suit last December, claiming the utility giant engaged in a public deception campaign for decades to dismiss concerns around climate change, all while allegedly knowing how burning fossil fuels would cause a climate crisis.
"(Duke's) deception campaign caused a doubling down on fossil fuels, (which) caused a delay to renewable energy, (which) caused climate change impacts that Carrboro (is now facing)," said Matthew Quinn, an attorney representing the town of Carrboro. "Because of Duke's deceptive conduct, it made (the climate crisis) much, much worse."
Business Court Judge Mark Davis heard arguments from both sides Thursday in Raleigh at the Wake County Courthouse.
Lawyers for Duke Energy argue Carrboro can't possibly trace its climate related problems to the utility, asserting the town's claims focus heavily on the utility's carbon emissions. Attorney Sterling Marchand reminded Judge Davis that Duke Energy is a regulated utility that must get its fuel mix generation approved by the North Carolina Utilities Commission.
"Duke Energy can not in a vacuum decide to use one fuel or another fuel," said Marchand. "The very decisions that Carrboro is complaining about today implicates decisions (made by the) Utilities Commission."
Marchand continued to argue global climate change - and the impacts Carrboro is seeing now - is the causation of billions of decisions around the world, not just one social media post Duke Energy made.
Carrboro wants the case to go in front of a jury and is seeking millions of dollars in property damages to its roads, buildings and stormwater system. The town is bringing charges of nuisance, trespassing and negligence, all of which are common law. This lawsuit is likely the first of its kind in the country, but rings similar to previous litigation against tobacco and opioid companies.
Carrboro attorney Quinn emphasized this case is about Duke's alleged deception campaign.
"Carrboro is not second guessing energy policy decisions," Quinn said, contending the town has the right to seek compensation for damages.
Duke's lawyers argue these charges lack standing.
"We don't control the weather. We don't control the heat or rain that is allegedly trespassing Carrboro," said Marchand. "We move to dismiss the entirety of Carrboro's complaint."
Judge Davis asked both parties to submit supplemental briefings on the issue of traceability within four weeks. A decision on if or how the case will move forward is expected after that.
