State Court In Delaware Nixes Lawsuit Against Big Oil

The fossil fuels companies should refuse to sell to the State of Delaware. It still boggles my mind that the lawyers never offer an arguement of “if fossil fuels are so bad, why is the state/company/city/group/county/individual using them?”

State court delivers major setback to Delaware in climate change lawsuit against Big Oil

A top state court in Delaware partially dismissed a lawsuit the state’s government filed against several of the world’s largest fossil fuel companies over their greenhouse gas emissions and impact on global warming.

Judge Mary Johnston, of the Delaware Superior Court, ruled that the state’s claims seeking damages from Big Oil defendants for alleged injuries stemming from out-of-state or global greenhouse gas emissions and interstate pollution are preempted by the federal Clean Air Act and are, therefore, beyond the limits of state statute. While other claims can be pursued, the ruling Tuesday significantly diminishes the case’s weight.

“We are pleased with the Delaware Superior Court’s decision holding that the ‘claims in this case seeking damages for injuries resulting from out-of-state or global greenhouse emissions and interstate pollution, are pre-empted by the’ Clean Air Act and ‘beyond the limits of Delaware common law,'” Theodore Boutrous, Jr., a lawyer for Chevron, one of the defendants, said in a statement to Fox News Digital.

“The global challenge of climate change requires a coordinated international policy response, not a series of baseless state and local lawsuits,” he added.

Companies like Chevron aren’t really helping their case when they recommend federal and international actions. They should say “if you don’t like them do not use them.”

In addition to the court’s findings that out-of-state emissions were beyond its scope, it further dismissed the state’s claims that oil industry defendants — which include Chevron, ExxonMobil, Shell, BP, ConocoPhillips, the American Petroleum Institute and dozens of other energy companies — have misrepresented the dangers of their fossil fuel products, including through tactics such as “greenwashing.”

And you know the people who are filing the suits are using plenty of fossil fuels themselves.

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9 Responses to “State Court In Delaware Nixes Lawsuit Against Big Oil”

  1. Professor Hale says:

    It still boggles my mind that the lawyers never offer an arguement of “if fossil fuels are so bad, why is the state/company/city/group/county/individual using them?”

    Because it is not about climate damage mitigation. It’s about the money. For communists, it is always about the money and stealing it from someone else instead of creating goods and services that make life for people better.

    If they really thought this was a serious issue, they could easily just double or triple the fuel tax and go directly to the consumer. But instead, they want to take the profits away from the shareholders. Theft. If they did that to the consumers, there might be a rebellion, even in solidly “blue” states.

    Doing this as a lawsuit also creates a huge payday for the lawyers involved. Win-lose-draw, they all get a piece of the action.

  2. Dana says:

    The house in which we lived during our two years in the First State was heated using a heating oil furnace. In fact, no residence in which I have lived was heated solely by sparktricity, save our current humble abode . . . and we changed that after just one winter!

    Normally, I order propane when the tank gets down to 30%, as recommended by the gas company. However, we were down to 35% yesterday, and a global warming climate change induced polar vortex is forecast for next week, so I placed an order to get the tank refilled.

  3. Elwood P. Dowd says:

    So the federal Clean Air Act pre-empts state laws? The ruling limits damages to those arising in the state of Delaware.

    While refusing to dismiss come claims, Superior Court Judge Mary Johnston ruled, for example, that the federal Clean Air Act preempts the state’s claims seeking damages for injuries resulting from out-of-state or global greenhouse emissions and interstate pollution.

    Mr Teach recommends: The fossil fuels companies should refuse to sell to the State of Delaware.

    In fact, shouldn’t they refuse to sell in the US, whose Clean Air Act regulates their actions??

    • alanstorm says:

      Your understanding is as usual. What the Climate Cultists were trying to do in DE was over and above the Clean Air Act, under which the companies already operate. The oil companies should absolutely stop selling to state governments where the states try to put them out of business.

  4. alanstorm says:

    Sanity in Delaware? Didn’t think it was possible.

    • Dana says:

      Well, it was possible! Delaware has the nation’s best incorporation laws, and many nationwide and international companies are incorporated in the First State, for tax purposes. Up until around 2004, the Democrats who ran the state were at least moderate Dems, as opposed to the wild-eyed leftists who have gained power.

  5. Jl says:

    Funny how one always hears “Big Oil”, but never “Big Government” from the alarmist side. Wait…not funny but totally predictable…

    • Professor Hale says:

      but never “Big Government”

      Nor “Big Abortion”
      Nor “The Education-Union-Government complex”
      Nor “Big Race Activism”

  6. Professor Hale says:

    They say being president really ages a man. Biden already looked old when he started. He looks like a corpse now. I thought he wouldn’t last this long or that he would just stay in his office and not be seen publicly. I must admit I was wrong about that. Statistically though, Biden is still an “uninsurable risk”. He could literally die of old age any day. That may be the Democrats plan for replacing him on the ballot. They will find judges to just declare that early votes for Biden automagically count for “democrat to be named later”. In any case, I fully expect that if Biden kicks the bucket, the Democrats who actually run the government might not announce that fact until they no longer need the Biden sock puppet. I am certain they already know who is in line to replace him. They just don’t want to say yet so that Republicans waste their effort campaigning against Biden instead of “democrat to be named later”.

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