In what is some thing of a victory against the rise of activist lawfare, an attempt to sue ExxonMobil, BP, and Shell for alleged greenwashing has been thrown out of court in New York. 

In a decision on Tuesday, New York Supreme Court Justice Anar Patel found no proof that the oil companies and the American Petroleum Institute had conducted greenwashing campaigns, including statements about clean energy and alternative energy, to boost sales of fossil fuel products in the city. 

In her judgement, Patel said the city could not claim its climate-conscious residents were sensitive to how fossil fuels cause climate change, only to be then duped by the oil companies' failure to disclose how their fossil fuel products contributed to it.  

"The city cannot have it both ways," Patel added.  

The New York City law department claimed the companies falsely portrayed themselves in advertisements and on social media as climate change leaders despite minimal investments in clean energy, such as wind and solar.  

It had sought civil fines and an end to alleged deceptions.  

In a statement, Exxon said: "At some point, our hope is that political figures around the country come to understand that ideological hatred for us doesn't mean we did anything wrong."  

The American Petroleum Institute also welcomed the latest decision.  

"Climate policy is for Congress to debate and decide, not a patchwork of courts," said Ryan Meyers, the trade group's general counsel.  

Long history 

New York City's lawsuit began in April 2021, three weeks after a federal appeals court rejected its lawsuit seeking to hold Exxon, BP, Shell, Chevron and ConocoPhillips liable to pay its costs from global warming.  

Many US state and local governments have sued oil companies over climate change, including the emission of carbon dioxide and other greenhouse gases.  

Patel's ruling came one day after the US Supreme Court refused to halt the city of Honolulu's own lawsuit against Exxon, BP, Shell and several other oil companies.  

Considering options 

Nicholas Paolucci, a spokesperson for the city's law department, said on Wednesday that the city is reviewing its options.  

"Our complaint alleged that these defendants spent millions to mislead consumers to think that they, and their products, contribute to a clean energy future," he said.  

"They do not. Companies that violate the city's consumer protection laws should be held fully accountable. New Yorkers deserve no less."  

NY battling fossil fuels 

Last month, it was announced that New York state will fine fossil fuel companies a total of $75 billion over the next 25 years to pay for damage caused to the climate under a new law.  

The fines are intended to shift some of the recovery and adaptation costs of climate change from individual taxpayers to oil, gas, and coal companies that the law deems liable.  

The money raised will be spent on mitigating the impacts of climate change, including adapting roads, transit, water and sewage systems, buildings and other infrastructure.