A New Jersey judge has tossed the state’s climate liability lawsuit, delivering the latest blow to efforts by state and local governments to hold oil and gas companies financially accountable for their role in accelerating climate change.
In an order issued Wednesday, Superior Court Judge Douglas Hurd said he agreed with industry attorneys that the lawsuit is barred from state court because federal common law governs disputes over greenhouse gas emissions.
“This court finds that plaintiffs’ complaint, even under the most indulgent reading, is entirely about addressing the injuries of global climate change and seeking damages for such alleged injuries,” Hurd wrote.
Hurd, who was appointed by former New Jersey Gov. Jon Corzine (D), wrote that the “fundamental principles of federalism” are clear that state law “cannot operate in areas of ‘uniquely federal interests.’“
