Judge dismisses state's lawsuit alleging major companies are putting profits over public safety: 'We are appealing immediately'

A New Jersey judge has dismissed a lawsuit brought by the state against ExxonMobil, BP, Chevron, ConocoPhillips, Phillips 66, Shell, and the American Petroleum Institute, ruling that the claims need to be decided in federal court. 

What happened? 

The state of New Jersey originally filed the suit in 2022 against the major oil companies, alleging that they were greenwashing their businesses, contributing to the warming of the planet, and spreading misinformation. 

In the suit, the state claimed that the oil companies had been "inflating and sustaining the market for fossil fuels, which — in turn — drove up greenhouse gas emissions, accelerated global warming, and brought about devastating climate change impacts to the State of New Jersey."

The judge said in his decision that the claims are "entirely about addressing the injuries of global climate change and seeking damages for such alleged injuries." His official ruling was that New Jersey's claims are preempted by federal common law and that a state law can't govern something as widespread as the changing climate. 

Why is it important?

Companies engaging in greenwashing often lie or exaggerate that their products or business operations aren't harming the environment and may even be good for it. They do this through clever buzzword marketing, omitting key details, and other sneaky tactics.

There's been a major uptick in greenwashing lawsuits against corporations, criticisms online from the public, and calls for boycotts to send a message to brands that greenwash. 

To learn more, check out TCD's guide to educating yourself about greenwashing. 

What's being done about it?

Officials from New Jersey have already promised to appeal the decision. They have cited similar lawsuits in other states that were not dismissed, which held oil companies accountable for their actions. 

"We are disappointed in today's decision, which allows some of the country's most powerful companies to escape accountability for hiding the truth and misleading New Jerseyans about the role their products play in causing climate change," New Jersey attorney general Matthew Platkin's office said. 

"The trial court's decision is wrong, and inconsistent with decisions in other states, and we are appealing immediately. We will not let companies get away with putting profit above public safety."

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Alyssa Johl, vice president and general counsel at the Center for Climate Integrity, said: "This case is about holding Big Oil companies accountable for deceiving the people of New Jersey about the dangers of fossil fuels — it is not seeking to solve global climate change."

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