North Carolina judge rejects first-of-its-kind climate lawsuit

By Lesley Clark | 02/13/2026 04:18 PM EST

The case was the first to ask an electric utility to pay to help communities respond to climate change.

Duke Energy employees work on power lines in Charlotte, North Carolina.

Duke Energy employees work on power lines in Charlotte, North Carolina, on Feb. 14, 2012. Chuck Burton/AP

A North Carolina judge has dismissed a climate lawsuit against the state’s dominant power provider, Duke Energy, finding the case ignored the global nature of greenhouse gas emissions and raised “political questions” that can’t be answered by a court.

In 2024, Carrboro, North Carolina, became the first U.S. community to sue an electric utility for the ravages of climate change, alleging that Duke Energy knew about the danger of burning fossil fuels but misled the public.

Carrboro had argued that courts routinely handle similar common law claims. But North Carolina Business Court Judge Mark Davis in a decision issued Thursday said the town overlooked the fact that climate change is not only a matter of “complex scientific debate,” but also implicates “political, economic, and moral choices made by governments and members of the public literally across the globe.”

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Although courts are capable of hearing complex cases involving scientific issues, Davis wrote, “the present action is of an entirely different dimension.”

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