New York City will soon have its day in state court to allege that the oil industry misled city consumers about the impact of their products on the climate.
Federal Judge Valerie Caproni on Thursday rejected Exxon Mobil, Shell, BP and the American Petroleum Institute’s request to transfer the lawsuit out of state court, where it was originally filed, to a federal venue where the companies believe they are more likely to win. Caproni’s ruling enables the case to move forward in New York state court after three years of legal limbo.
The city’s suit, which was filed in 2021 by former Mayor Bill de Blasio’s administration, charges the oil giants with “systematically” violating city consumer protection law through false advertising and deceptive trade practices. Several other cities, counties and state governments have filed similar cases to hold oil companies financially accountable for their role in warming the planet.
Attorneys for the companies argued that the case belongs in federal court because it seeks to limit fossil fuel emissions, but Caproni said that that is not what the city is looking to achieve.
“The claims in the city’s complaint are about false and misleading advertisements,” she wrote. “Those claims do not become claims about transboundary pollution and foreign affairs just because the alleged deception relates to the impact of fossil fuels on the climate.”
The timeline of the case isn’t clear, but Hilary Meltzer, chief of the city law department’s environmental division, said the city is eager to press the case.
“The City deserves its day in court to hold these defendants accountable for their false and misleading statements to New York City consumers,” Meltzer said in a statement to Crain’s. “It’s time to get to the merits of this case.”
Caroline Spivack , 2024-05-13 19:54:15
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