Delaware AG Filed Lawsuit Against Fossil Fuel Companies Over Climate Deception and Damages

SEPTEMBER 10, 2020

Delaware Attorney General Kathy Jennings filed a state lawsuit on against BP, Chevron, ExxonMobil, Shell, the American Petroleum Institute and a number of other fossil fuel companies and subsidiaries alleging that the companies “individually and collectively played leadership roles in denialist campaigns to misinform and confuse consumers and the public” about their products’ contributions to climate change, and are thus “directly responsible for a substantial portion of the climate crisis-related impacts in Delaware.”

Fossil fuel companies attempted to move the lawsuit to federal court. After the 3rd Circuit unanimously rejected the companies’ efforts, the companies filed a petition for a writ of certiorari with the U.S. Supreme Court. In May 2023, the Supreme Court denied the companies’ petition, sending the lawsuit back to the Superior Court of Delaware, where it was originally filed. AG Jennings made the following statement: “We appreciate and agree with the Court’s order denying the fossil fuel companies’ petition, which aligns with dozens of decisions in federal courts here in Delaware and across the country. As we stated at the time of filing this case almost three years ago, “It didn’t have to be this way. The fossil fuel industry knew for decades that their products would lead to climate change with potentially “severe” and even “catastrophic” consequences — their words, not ours. But they didn’t clean up their practices or warn anyone to minimize the peril they were creating. Instead, they spent decades deliberately and systematically deceiving the nation about what they knew would happen if they carried on with business as usual.” Imagine how far along we might be in the transition to a low carbon economy today if not for their deception. That’s why we filed our lawsuit, and today’s order moves Delawareans one step closer to the justice and economic relief that we deserve.”