Fossil fuel companies have escaped legal action in Charleston in a recent lawsuit dismissal
Charleston Drops Lawsuit Against Fossil Fuel Companies
The city of Charleston, South Carolina, has decided not to appeal a recent dismissal of its lawsuit against fossil fuel companies, according to a spokesperson for the city.
The lawsuit, which aimed to hold these companies liable for harms from the effects of rising global temperatures, was dismissed last month by Circuit Judge Roger Young. Judge Young sided with Chevron, Exxon Mobil, and other oil majors.
The dismissal was not an isolated incident, but part of a broader trend of climate liability lawsuit dismissals. Theodore Boutrous, a partner at Gibson, Dunn and Crutcher, representing Chevron, used the term "growing chorus" to describe this trend.
Climate liability lawsuits have been dismissed by federal and state courts in Delaware, Maryland, New Jersey, New York, Pennsylvania, and Puerto Rico, as per Theodore Boutrous. He implied that the trend could be significant for future litigation against fossil fuel companies.
Judge Young's decision was based on the city's lack of grounds to pursue damages under South Carolina tort law. The judge also preempted the city from pursuing claims under the Constitution and the Clean Air Act.
Theodore Boutrous provided a context for Judge Young's decision by referring to a trend of similar decisions in other jurisdictions. He stated that his client's victory was part of a "growing chorus" of climate liability lawsuit dismissals.
Deja Knight McMillan, a spokesperson for the city, provided no further details about the decision. The city had until Sept. 5 to appeal the dismissal, but it decided to take no further action.
This trend of dismissals may signal a shift in the legal landscape for climate liability lawsuits. As more cases are dismissed, it remains to be seen how this will impact future litigation against fossil fuel companies.
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