Judge Narrows Scope of Delaware's Climate Change Lawsuit Against Fossil Fuel Companies

Several claims dismissed due to federal Clean Air Act, lack of specific allegations, and expired statute of limitations.

Delaware Superior Court Judge Mary Johnston ruled that the state's claims seeking damages from fossil fuel companies for injuries resulting from out-of-state or global greenhouse emissions and interstate pollution are preempted by the federal Clean Air Act.
Claims of 'greenwashing' and misrepresentations by the defendants about fossil fuels' effects on the climate were dismissed, as the state failed to specifically identify alleged misrepresentations for each individual defendant.
Claims made under the Delaware Consumer Fraud Act are barred by the passage of time because the five-year statute of limitations has expired.
The judge allowed the state to pursue a general claim for environmental-based public nuisance and trespass for land that the state owns directly, but not for land the state holds 'in public trust.'
The judge deferred a ruling regarding the American Petroleum Institute’s argument that statements it has made relating to fossil fuels are protected by the First Amendment.