New York City lawsuit against Exxon, BP, Shell over climate change dismissed

NEW YORK — A judge has dismissed New York City’s lawsuit seeking to hold Exxon Mobil, BP and Shell liable for misleading the public about their products, and their commitment to renewable energy and fighting climate change.

In a decision on Tuesday, state Supreme Court Justice Anar Patel said the city could not claim its climate-conscious residents were sensitive to how fossil fuels cause climate change, only to then be duped by the oil companies’ failure to disclose how their fossil fuel products contributed to it.

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“The city cannot have it both ways,” Patel wrote.

Patel found no proof the oil companies and the defendant American Petroleum Institute conducted “greenwashing” campaigns, including statements about clean energy and alternative energy, to boost sales of fossil fuel products in the city.

She also said general statements such as Exxon’s claim that its fuel helps people drive “cleaner, smarter and longer” were too vague to suggest the defendants’ products had nothing to do with climate change.

With about 8.3 million people, New York City said the companies falsely portrayed themselves in ads and social media as climate change leaders despite minimal investments in clean energy such as wind and solar.

It sought civil fines and an end to alleged deceptions.

Nicholas Paolucci, a spokesman for the city’s law department, on Wednesday said the city is reviewing its options.

“Our complaint alleged that these defendants spent millions to mislead consumers to think that they, and their products, contribute to a clean energy future,” he said. “They do not. Companies that violate the city’s consumer protection laws should be held fully accountable. New Yorkers deserve no less.”

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