Duke Energy filed a motion on Monday asking the Orange County Superior Court to dismiss the Town of Carrboro's climate deception lawsuit filed against the corporation.
The motion alleges that although climate change is caused by worldwide action, Carrboro intends to use state law to hold Duke Energy liable for the local effects of global climate change.
"Carrboro cannot trace its alleged harms back through a web of innumerable individual and government choices about how and what types of fuels to use to purported conduct by Duke Energy," the motion states.
Carrboro is also exceeding its authority as a municipality, according to the motion. The motion claims that the Town is second guessing policy decisions set by the General Assembly and the State Utilities Commission regarding energy policy, including statewide commitments to reduce greenhouse gas emissions.
According to Carrboro's December complaint, Duke Energy has engaged in a "greenwashing" strategy to deliberately mislead the public about its commitment to clean energy. Carrboro's lawsuit also claims that high-ranking members of the Duke Energy Corporation were leaders within groups that undermined scientific evidence about the dangers of climate change.
Carrboro is the first town in the country to challenge an electric utility for deceiving the public about the damages of fossil fuels, and is seeking reparations for past and future damages caused by Duke Energy's impact on the Town.
The Town's attorney disagrees with Duke Energy's motion and plans to file a response by May 1, according to a press release from N.C. Warn, a 501(c)(3) nonprofit climate justice organization paying for Carrboro's lawsuit.
