Quick summary:
• Carrboro, NC, is the first U.S. municipality to sue an electric utility for climate deception.
• The lawsuit claims Duke Energy knowingly misled the public about the risks of fossil fuels since the 1960s.
• Duke is accused of greenwashing, presenting itself as clean energy-focused while relying heavily on coal and gas.
• Climate impacts have cost Carrboro an estimated $60 million in road repairs, stormwater upgrades, and more.
• Advocacy groups like NC Warn are funding the lawsuit, calling for bold action against polluters.
• Critics argue that Duke’s actions delayed renewable energy transitions and worsened climate damages.
• Experts say the lawsuit could set a precedent for holding utilities accountable for misinformation campaigns.
The small town of Carrboro, North Carolina, has taken a historic step by filing a lawsuit against Duke Energy, one of the largest electric utilities in the United States, accusing the company of decades-long climate deception. This lawsuit marks the first time a municipality has directly challenged an electric utility over public disinformation about the dangers of fossil fuels and the climate crisis.
Filed in North Carolina Superior Court, the lawsuit claims Duke Energy knowingly spread misinformation about climate change, funded efforts to discredit climate science, and delayed the transition to renewable energy, prioritizing profits over environmental responsibility. Carrboro leaders argue that Duke’s actions have inflicted significant costs on the town and its residents, as the community faces mounting expenses to adapt to worsening climate impacts.
The lawsuit alleges that Duke Energy has misled the public since the 1960s, when it first became aware of the climate risks associated with burning fossil fuels. According to the complaint, Duke not only continued to rely on fossil fuels but actively worked to obstruct action on climate change. The utility reportedly funded trade organizations and climate skeptics to sow doubt about the science of global warming.
“Duke misled the public concerning the causes and consequences of climate change and thereby materially slowed the transition away from fossil fuels and toward renewable energy. Duke’s deception campaign served to protect its fossil fuel-based business model,” the lawsuit reads.
The town also accuses Duke Energy of engaging in a greenwashing campaign, presenting itself as a leader in clean energy while heavily relying on coal and methane gas. In 2019, Duke Energy was the third largest emitter of carbon dioxide in the United States, despite its claims of reducing emissions by 44% since 2005. As recently as 2023, nearly half of the electricity Duke produced was still generated by burning fossil fuels.
Attorney Matthew Quinn, who represents Carrboro, described Duke as “one of the ringleaders behind deceiving the public and municipalities and governments about the causes and consequences of manmade climate change.” He added, “There’s a major gulf between where we should be at and where we are right now.”
Carrboro, a town of approximately 20,000 people near Chapel Hill, has faced significant financial burdens due to climate change. Leaders estimate that adapting to increased storms, rising temperatures, and other climate-related challenges will cost the town $60 million, nearly three-quarters of its annual budget of $81 million. These expenses include road repairs, stormwater system upgrades, and increased heating and cooling costs for public infrastructure.
At a press conference announcing the lawsuit, Quinn explained that these costs reflect the gap between the proactive measures Carrboro could have taken and its current needs—actions delayed, he argues, by Duke Energy’s deception. “Really, what this case is about is that Carrboro has been a victim of the climate deception campaign by Duke Energy, (and) as a result of Duke’s conduct, Carrboro has suffered a lot of damages and injustice,” Quinn said.
Carrboro Mayor Barbara Foushee echoed this sentiment, calling for accountability. “We have to speak truth to power as we continue to fight the existential threat that is climate change,” she said. Mayor Pro Tem Danny Nowell added, “We have paid for excess road repairs. We have faced the effects of stormwater, and we will continue to pay for other expenses as we uncover them. It’s time for Carrboro to be repaid.”
Carrboro’s lawsuit is supported by NC Warn, a climate nonprofit that is covering Quinn’s legal fees. Jim Warren, the organization’s executive director, emphasized the importance of bold action, saying, “People that run local governments and others and people that run corporations, they all better get heavily serious about the climate crisis. It’s already harming so many across this state.”
The case also comes on the heels of a report from the Energy and Policy Institute, which documents Duke Energy’s early knowledge of climate risks and its subsequent efforts to mislead the public. The report highlights Duke’s involvement in the Global Climate Coalition, a group formed to oppose action on climate change.
Carrboro’s lawsuit is part of a broader trend of legal action targeting corporations for climate deception. More than 20 states, cities, and tribes have filed similar suits, most of them against oil and gas companies. While electric utilities have previously faced lawsuits over emissions, Carrboro’s case is the first to focus specifically on misinformation.
Duke Energy issued a statement acknowledging the lawsuit but denied wrongdoing. “We are in the process of reviewing the complaint. Duke Energy is committed to its customers and communities and will continue working with policymakers and regulators to deliver reliable and increasingly clean energy while keeping rates as low as possible,” the company said.
Critics argue that Duke’s response fails to address the core allegations of disinformation and greenwashing. The lawsuit asserts that the company has actively delayed progress on renewable energy development, which could have mitigated many of the climate impacts communities like Carrboro are now facing.
Experts view Carrboro’s lawsuit as a potential turning point in holding utilities accountable for their role in the climate crisis. Korey Silverman-Roati, a senior fellow at the Sabin Center for Climate Change Law, noted, “It’s a shift in perspective from companies just producing fossil fuels to those burning it.”
However, some remain skeptical about the likelihood of success. Law professor Bob Jarvis characterized such lawsuits as attempts to shame companies into action, noting that utilities often prioritize shareholder profits over environmental concerns. “Companies have duties to their shareholders to maximize profits,” Jarvis said.
Regardless of the outcome, Carrboro’s lawsuit shines a light on the urgent need for corporate accountability in addressing the climate crisis. Jean Su, energy justice director at the Center for Biological Diversity, praised the town’s efforts, saying, “Carrboro is a shining light in this darkness, taking on one of the country’s largest polluters and climate deceivers.”
To sign the petition against Duke Energy in NC, click here.
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