North Carolina Town Sues Duke Energy Over Climate Change

A North Carolina town filed a lawsuit on Wednesday accusing Duke Energy, one of the nation’s largest utility companies, of deceiving the public about climate change and contributing to the warming of the planet.

The mayor and City Council of Carrboro, a town next to Chapel Hill, said in its lawsuit in North Carolina Superior Court that Duke Energy had known for decades that its operations contributed to the climate crisis but failed to curb its emissions of greenhouse gases. Instead, the lawsuit argues, the company increased its use of fossil fuels, often in disadvantaged communities.

“Historically underserved and marginalized communities are facing disproportionate impacts and health risks that are associated with climate change,” said Barbara Foushee, Carrboro’s mayor. “This was not an easy decision to make, but I believe that we must be courageous as we call out these injustices and seek change and accountability.”

The town said Duke Energy’s actions were costing its residents millions of dollars because climate change had increased damage from floods and other extreme weather. Duke Energy, which is based in Charlotte, N.C., provides electricity to more than eight million customers in six states and natural gas to almost two million customers in five states. The company is one of the biggest operators of coal and natural gas power plants in the United States.

Duke said on Wednesday that it was working on a response.

Allegations that energy companies covered up what they knew about climate change and misled the public have formed the basis of more than two dozen lawsuits by state and local governments across the United States since 2017. The claims include violations of consumer protection, public nuisance and fraud laws.

None have gone to trial yet. Many have been tied up in disputes about whether they should be adjudicated under state or federal law. State laws are seen as generally more favorable to plaintiffs.