Carrboro’s Lawsuit Against Duke Energy Made National News But Comes as No Surprise

On Wednesday, Carrboro Mayor Barbara Foushee announced that the town is bringing a first-of-its-kind lawsuit against Duke Energy.

In the 70-page complaint filed in Orange County Superior Court, Carrboro attacks the utility’s alleged “knowing deception campaign concerning the causes and dangers posed by the climate crisis,” arguing that the company misled the public by downplaying the impact of burning fossil fuels.

It also “seeks to hold the company responsible” for damages to the town and its infrastructure due to the increased severity of storms, flooding, and temperature caused by climate change.

“We’ve been tracking damages from climate change, and it’s clear that our town and hardworking taxpayers cannot and should not be forced to pay for this,” said Foushee at a press conference in the town hall’s intimate council chambers.

Behind her and the assembled council, which voted unanimously for the measure, posters spelled out “CARRBORO VS. FOSSIL FUELS” and “STOP CLIMATE DECEPTION.”

“This was not an easy decision to make, but I have abundant faith in our town’s bold courage and commitment to protecting our community and our planet,” said the mayor. Other municipalities have sued oil and gas companies, but Carrboro is the first to target an electric utility. 

In national news about the lawsuit, Carrboro has been labeled “a town next to Chapel Hill” and a town “about 36 miles northwest of Raleigh” as if the lawsuit emerged from a sleepy void in the Old North State. But for anyone familiar with Carrboro’s ultra-progressive reputation, it probably does not come as a surprise that the town of 21,000 is taking aggressive legal action against one of the country’s largest electric companies.

“For decades, Carrboro residents have proven themselves some of the boldest and most progressive residents in North Carolina,” Mayor Pro Tem Danny Nowell told INDY at the conference.

Indeed, the town, sometimes cheekily referred to as “the People’s Republic of Carrboro,” became the first municipality in the state to elect an openly gay mayor in 1995 when Mike Nelson won nearly 50 percent of the vote. In 1994, it became the first in the state to grant benefits to same-sex partners of town employees. Outside Carrboro’s town hall, where officials posed for a photo after the press conference, a giant wreath is flanked by LGBTQ pride and Black Lives Matter flags.

Earlier this year, the council was the first in the state to call on congress to back a ceasefire in Gaza, although the resolution split the council on a 4-3 vote.

In the early 2000s, Carrboro was the first participating municipality to launch the “plenty,” a local currency meant to supplement the dollar. And, in recent years, the town has had conversations about renaming itself because namesake Julian Carr was a slaveowner (although those talks have stalled because the change would require approval from the state legislature).

“We have a sense of wanting to be the most ferocious advocates possible for our progressive ideas,” said Nowell.

Part of that comes from the town’s culture.

Carrboro, per the independently produced 2006 certified banger of a song “It’s Carrboro” is “a place where the hippies and the hipsters meet.” Combine that with a ridiculously highly educated populace—about 70 percent of adults hold at least a bachelor’s degree, compared to 34 percent statewide—and the lawsuit seems more like a natural next step rather than a bizarre stunt by the progressive hub.

In the complaint, Carrboro alleges that it has, and will continue to lose, millions of dollars due to the impact of climate change. Those costs include road maintenance, stormwater infrastructure, and electricity costs—ironically paid to Duke Energy—to keep buildings cool during heatwaves. 

The lawsuit, though, is one cost that the town will not need to bear, as NC WARN, a nonprofit, is funding it. The town is also partnering with the nonprofit Center for Biological Diversity. 

In a statement to INDY, Duke Energy said it is in the process of reviewing the complaint.

“Duke Energy is committed to its customers and communities and will continue working with policymakers and regulators to deliver reliable and increasingly clean energy while keeping rates as low as possible.”

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