Delaware Climate Misinformation Case to Stay Mostly Intact (1)

Delaware’s Superior Court will allow the state’s climate deception suit to move forward while granting some concessions to BP America Inc. and other industry defendants.

In a decision issued on Tuesday, Judge Mary M. Johnston scrapped claims of misrepresentation against certain individual companies and also claims regarding global emissions that don’t originate in Delaware. She wrote that claims against emissions “from out-of-state or global greenhouse emissions and interstate pollution” are preempted by the Clean Air Act and beyond the limits of state law.

Johnston did, however, find that “the CAA does not pre-empt state law regulation of alleged claims and ...