Another climate lawsuit bites the dust. After a South Carolina judge tossed out Charleston’s climate case against energy companies last month, the City has confirmed it will not appeal the decision.
As Law360 reports:
“The deadline for Charleston to appeal Circuit Judge Roger M. Young Sr.’s Aug. 6 decision was Sept. 5. Deja Knight McMillan, a spokesperson for the city, confirmed to Law360 on Monday that officials decided not to appeal Judge Young’s ruling. She declined to comment further.”
Charleston’s surrender fits the broader pattern: climate lawsuits brought by activist lawyers and municipalities are consistently failing in courts across the country. Despite the PR buzz when these cases are filed, the results in the courtroom tell a different story.
Faced with this ruling, it appears councilmembers quietly made the decision to cut its losses.
Business leaders had encouraged this outcome, arguing that the City should focus on effective climate mitigation efforts already underway to help the coastal municipality, rather than frivolous litigation that is a “waste of time and money.”
As Michael Burris, CEO of the South Caroline Policy Council, wrote in FITSNews:
“The reality is that filing a headline-grabbing lawsuit is easy, but balancing vibrant development and environmental protection is much harder. Charleston should be known as a city that does the hard things well. Our City Council must take this opportunity to ditch its ill-fated legal campaign, and continue real efforts to protect our coastlines and communities through real, measurable action.” (emphasis added)
List of Failed Cases Only Growing
The billionaire-Rockefeller-backed climate litigation campaign should perhaps make a similar retreat, as the list of failed cases only continues to grow.
Just last week, a federal judge dismissed a group of Puerto Rico municipalities’, which comes on the heels of other failures in Pennsylvania, New Jersey, New York, and Maryland.
Plaintiffs continue to search for viable legal angles, willing plaintiffs, and friendly courts, only to be batted back by facts and law.
Bottom Line: This marks another swing and a miss from the Rockefeller-backed climate litigation campaign, but Charleston’s choice not to appeal is a wise one. Climate activists may continue to push these lawsuits, but the message from the courts is clear: these cases don’t belong in the courtroom.
