Judge Dismisses Novel Climate Case Against North Carolina Utility

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A first-of-its-kind climate lawsuit specifically challenging an energy utility was dismissed by a state judge in North Carolina. The town of Carrboro sued the state's dominant energy provider, Duke Energy, in 2024, seeking to hold the company accountable for climate damages exacerbated by its alleged misinformation about fossil fuels. However, the judge ruled that the claims against Duke Energy were 'clearly nonjusticiable'.

Why it matters

This case represented a novel legal strategy to hold a major utility responsible for its role in the climate crisis and alleged misinformation campaigns. The dismissal is a setback for climate activists seeking to use the courts to drive action on climate change, though the ruling may be appealed.

The details

Special Superior Court Judge Mark Davis of the General Court of Justice Superior Court Division for Orange County decided that the case brought by the town of Carrboro against Duke Energy was beyond the court's ability to adjudicate. The judge determined the claims were 'clearly nonjusticiable', meaning the court could not properly evaluate and rule on the merits of the case.

• The town of Carrboro filed the lawsuit against Duke Energy in 2024.
• The case was dismissed by Judge Mark Davis in February 2026.

What’s next

The town of Carrboro may appeal the judge's decision to dismiss the case against Duke Energy.