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South Carolina Judge Dismisses Charleston’s Climate Lawsuit With Prejudice

He said state courts cannot set emissions standards without running afoul of federal authority following similar dismissals in other jurisdictions.

Overview

  • Judge Roger Young granted a motion to dismiss the City of Charleston’s suit against 24 oil and gas companies, ruling that greenhouse gas regulation lies exclusively with federal law.
  • The dismissal was entered with prejudice, preventing the city from refiling its nuisance and consumer deception claims in state court.
  • Charleston’s 2020 lawsuit accused major energy firms including Chevron and BP of misleading the public about fossil fuel risks and causing increased flooding, storms and ecosystem damage.
  • Industry groups and constitutional law experts hailed the ruling as a victory for separation of powers and a defense against competing state-level climate standards.
  • Related climate lawsuits are still pending in Hawaii, Minnesota, Portland and Michigan, underscoring an unsettled national litigation landscape.