Carrboro sues Duke Energy over delayed transition away from fossil fuels, greenwashing

The Town of Carrboro filed a lawsuit against Duke Energy over the company’s role in advancing climate change and delayed transition away from fossil fuels. N.C. WARN and the Center for Biological Diversity are advising the Town on the case.

In a resolution passed on Tuesday evening, the Town Council approved the lawsuit’s filing. The Town filed a complaint on Wednesday morning in the Orange County Superior Court. Carrboro is the first town in the country to challenge an electric utility for deceiving the public about the damages of fossil fuels, Mayor Barbara Foushee said at a Town press conference on Wednesday. 

According to the complaint, Duke Energy is one of the largest emitters of greenhouse gasses in the country, but the company has created a “greenwashing” strategy to mislead the public that it is committed to clean energy. Duke Energy emitted about 80 million tons of carbon dioxide in 2021, according to a press release from the Town. 

Greenhouse gas emissions have continued steadily because of Duke Energy’s practices, because they’ve deceived the public to think that climate change does not present an urgent risk and that humans are not the cause of the climate crisis, according to the complaint. 

Mayor Pro Tem Danny Nowell said the incentives of corporate profits continue have continued to drive the climate crisis. 

"Because of the monopoly Duke Energy enjoys in our region, North Carolinians have had no choice but to trust and depend on Duke as they led a nationwide climate deception, denial and greenwashing campaign using industry trade groups and phony scientists," he said.

Jim Warren, N.C. WARN’s executive director, said in the press release from the Town that the judicial system needs to hold Duke Energy accountable and break their control over political and public decisions. 

“They’re making the global climate crisis worse despite widespread and accelerating misery,” he said. “And they’re still expanding fossil fuels and suppressing renewables – in flat defiance of scientists demanding that we do the exact opposite. 

The lawsuit states that extreme temperatures, precipitation and storms caused by climate change will require the Town to invest millions of dollars in road maintenance, buildings and other infrastructure. The Town is seeking compensation for past and future damages incurring as a result of Duke Energy’s “campaign of deception.” 

Foushee also said the climate crisis and Duke Energy’s knowledge of the injustice caused by fossil fuels has burdened the Carrboro community for decades. 

She also said conversations about Duke Energy's practices began in the Town Council last year, when they received input and analysis from various nonprofits on the company's actions. Even with changes in Town leadership, the Council never lost focus on the matter, Foushee said. 

“Historically underserved and marginalized communities are facing disproportionate impacts and health risks that are associated with climate change,” she said. “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.”

Matthew Quinn, an attorney representing the Town in the case, said neither the Town nor its taxpayers will incur any costs from the lawsuit. N.C. WARN will pay the Town's legal fees and expenses, he said. 

Quinn also said the lawsuit does not seek to change Duke Energy policy. 

"That's what this case is about, the damages to the town and the citizens," he said. "And we'd like to keep focus on that. Now it's possible that if Duke Energy sees damage that it's done, maybe there will be policy changes, but we are going to concentrate on Carrboro, and what's happened to its citizens and what's happened to the Town."

This is a developing story. Check back here for updates. 

@lucymarques_

@DTHCityState | city@dailytarheel.com

---