Fossil fuel companies’ motions to dismiss claims brought by Delaware have been resolved with a mix of wins and losses for both sides in an opinion by Superior Court Judge Mary M. Johnston.
The opinion, issued Tuesday, is the first major development in the case since the allegations made their way back from the federal court system last May, when the U.S. Supreme Court affirmed a Third Circuit decision stating both the case brought by the Delaware Department of Justice and a similar one filed by the city of Hoboken, New Jersey belonged in their respective states’ courts. It’s the first time Johnston has weighed in on the case, which was reassigned to her last year following Abigail LeGrow’s appointment to the Delaware Supreme Court.
