North Carolina Town Launches First U.S. Climate Lawsuit Against a Utility Company

The small North Carolina town of Carrboro has initiated the country’s first climate accountability litigation against an electric utility.

The lawsuit, filed on Wednesday, claims Duke Energy waged a “deception campaign” in order to obscure the climate hazards of fossil fuels. This led to delayed action in curbing planet-warming emissions, which caused the costs of the climate action to increase.

“We have to speak truth to power as we continue to fight the existential threat that is climate change. The climate crisis continues to burden our community and cost residents their hard-earned tax dollars,” said Mayor of Carrboro Barbara Foushee in a press release from the Center for Biological Diversity. “Duke Energy’s knowledge of the environmental injustice being caused by the use of fossil fuels has unfairly plagued our community for decades. Historically underserved and marginalized communities are facing disproportionate impacts and health risks that are associated with climate change. 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.”

Carrboro says Duke Energy’s “decades-long role” in a countrywide plan of deception harmed the community of approximately 21,000 while costing the town millions.

The legal action claims that top executives at Duke Energy knew for over 50 years that fossil fuels posed risks, but were “ringleaders” of a far-reaching campaign to mislead the public concerning its climate harms, while also boosting reliance on gas and coal as sources of electricity.

Carrboro has been developing community-based solar programs, funding nature-based solutions for the management of stormwater and implementing climate resilience measures that benefit lower-income residents and small businesses for decades, the press release said.

“The Carrboro community has worked for over five decades to protect, conserve and preserve the environment, the ecosystems and the wellbeing of its citizens,” said Carrboro Town Council member Randee Haven-O’Donnell in the press release. “Carrboro is a strong, vibrant community, and Duke Energy needs to be held accountable for the deception and damages it’s caused and continues to cause. Duke Energy’s deceptive public campaign erases the progress we strive for to address climate change. We’re the little engine that could, and we hope other towns can be, too, and hold their polluting utilities accountable. In Carrboro, we’re standing up to be the change we want to see in the world.”

Duke Energy is the United States’ third largest-polluting corporation. The company has spent millions on PR firms and industry front groups with the purpose of deceiving the public regarding climate change science, according to the lawsuit. The complaint said Duke Energy has blocked action to combat climate change, which has resulted in significant harm to the town of Carrboro and its residents.

Climate change driven by fossil fuel emissions has led to more severe and frequent storms and flooding in Carrboro and other parts of the U.S., along with record-high temperatures. The climate crisis also brought deadly and destructive Hurricane Helene to the state of North Carolina. 

Carrboro has had to saddle millions for road repairs, rising energy costs and the cost of other infrastructure to mitigate and adapt to climate change. The lawsuit puts the responsibility for these damages on Duke Energy since the utility giant knew misleading the public and obstructing climate change legislation would worsen climate impacts on the town and accelerate the climate crisis.

“This lawsuit exposes Duke Energy executives as using the tobacco scandal playbook. They’re making the global climate crisis worse despite widespread and accelerating misery,” said Jim Warren, nonprofit NC WARN’s executive director, in the press release. “And they’re still expanding fossil fuels and suppressing renewables – in flat defiance of scientists demanding that we do the exact opposite. We need the judicial system to hold Duke Energy leadership accountable and finally break their corporate control over our political system and public decisions.”

Not only has the energy company denied the harms caused by climate change, it claims to be a leader in clean energy. Meanwhile, it continues to build methane-burning power plans while suppressing solar and other renewable sources of energy. It also falsely advertises and promotes methane gas as a solution.

“We’ll soon have a climate denier-in-chief in the White House, but Carrboro is a shining light in this darkness, taking on one of the country’s largest polluters and climate deceivers,” said Jean Su, director of energy justice at the Center for Biological Diversity, an advisor on the case, in the press release. “Climate action doesn’t stop at a national level, and Carrboro is holding Duke Energy and all fossil utilities’ feet to the fire. This town is paving a way for local governments to drive climate justice despite who’s in Washington.”

Duke Energy is one of the largest providers of electricity, as well as among the biggest corporate polluters, on the planet. It brings power to 8.2 million customers in six states, including almost all of North Carolina and parts of Ohio, Indiana, Kentucky, Florida and South Carolina.

Dozens of city and Tribal governments and 11 attorneys general across the U.S. have filed suits against oil and gas majors for deceiving the public about the role of fossil fuels in climate change. Multnomah County, Oregon, in October added NW Natural – the region’s gas provider — to its lawsuit against fossil fuel companies for the role they played in the area’s deadly heat dome in 2021.

“This lawsuit represents an incredible opportunity to put an end to corporate deception and enter a new era for Carrboro,” said Mayor Pro Tem Danny Nowell in the press release. “It’s time for us to hold Duke Energy accountable for decades of deception, padding executives’ pockets while towns like ours worked to mitigate the harmful effects of climate change. This suit will allow the Town of Carrboro to invest new resources into building a stronger, more climate-resilient community, using the damages justly due to our residents to reimagine the ways we prepare for our climate reality.”