Column: Carrboro vs. Duke Energy sets an important precedent for the climate change battle

On Dec. 4, the Town of Carrboro filed a lawsuit against Duke Energy, alleging that the energy utility has participated in an ongoing “campaign of deception” to conceal the dangerous effects of fossil fuel use on the environment from the public. This has resulted in the acceleration of anthropogenic climate change and long-lasting economic damages to Carrboro and its residents. 

This lawsuit over Duke Energy’s alleged climate deception is the first instance of a town suing an energy utility for the harm caused by greenwashing practices. While this lawsuit is unique, the situation isn’t — there are thousands of energy utilities like Duke Energy across the country. Of the energy that these utilities produce and distribute, 60 percent comes from fossil fuel combustion. This lawsuit is extremely important in establishing a framework for legal action against the biggest perpetrators of climate change, placing North Carolina on the frontlines of the fight for climate justice. 

The suit alleges that Duke Energy intentionally obfuscated the reality of climate change, exemplified through the following ads from local newspapers distributed across America in the summer of 1991:

“If the Earth is getting warmer, why is Kentucky getting colder?”

“The most serious problem with catastrophic global warming is — it may not be true.” 

“How much are you willing to pay to solve a problem that may not exist?”

These ads were part of a marketing campaign intended to present climate change as not only up for debate, but a threat to public interest — and common sense. The campaign aimed to “reposition global warming as theory (not fact)” and was backed by a coalition of major energy utilities, including Duke Energy.

Similar cases seeking compensation for the economic impacts of climate change have been filed by states against major oil companies, such as Maine’s ongoing prosecution of energy giants like Exxon and BP. The lawsuit similarly alleges that these companies deceived the public about the dangerous consequences of fossil fuel use. However, while there exists legal precedent for action against oil and gas companies, Carrboro remains the first to seek justice from an energy utility. 

Duke Energy has been North Carolina’s state energy utility since 1911. Like many companies that provide public utilities, such as water, railroads and communication services, Duke Energy is a natural monopoly — it’s a private company with control over huge swaths of North Carolina’s energy distribution infrastructure. 

While the North Carolina Utilities Commission is responsible for regulating Duke’s rates, generation plans and energy efficiency, the company’s operations are ultimately controlled by private shareholders, whose interests fundamentally lie in maximizing company profits. This monopolistic structure incentivizes short-run profitability rather than long-run sustainability, made apparent by Duke Energy’s continued investment into non-renewable energy. 

From devastating California wildfires to destructive hurricanes in North Carolina, our communities across the country face natural disasters exacerbated by climate change. The transition away from non-renewable energy sources is an enormous and expensive endeavor, but so is rebuilding cities ravaged by the climate crisis.

The fight for climate justice is not merely a moral choice but a logistical necessity; we must hold the fossil fuel industry responsible for decades of climate deception to mitigate future environmental disasters.

Carrboro v. Duke Energy presents a solution to this systemic issue by focusing the responsibility of climate change away from fossil fuel producers onto utilities, who are responsible for burning those fossil fuels. By targeting the utility directly responsible for perpetuating these unsustainable practices in Carrboro, the town seeks tangible economic reparations from those responsible for creating — and lying to maintain — a fossil-fuel reliant energy infrastructure. 

Duke Energy is far from the only energy utility that has knowingly downplayed the fossil fuel industry’s contributions to climate change for the sake of profit. Carrboro v. Duke Energy is an ambitious case, seeking to prosecute a company with decades of accumulated economic and political power. Despite these barriers to success, this case paves the way for future fights against corporations that have engaged in climate deception. 

@dthopinion | opinion@dailytarheel.com