A federal judge in Puerto Rico has dismissed San Juan’s copycat climate lawsuit, dealing a decisive blow to the last remaining of three climate cases in the Commonwealth. [emphasis, links added]
U.S. District Judge Aida M. Delgado-Colón dismissed all claims against the defendants and denied San Juan the opportunity to amend its complaint, further cementing the fact that these cases simply don’t hold water.
“Carbon Copy” Lawsuit Dismissed
San Juan’s complaint borrowed extensively from a lawsuit filed by the Municipalities of Puerto Rico, which was dismissed last month.
In her order, Judge Delgado-Colón found that because the San Juan filing mirrored that case so closely, the same legal reasoning applied:
“The Court sees no reason why it should depart from the thoughtful statute of limitations analysis performed by its sister court in the Municipalities’ Case.”
The conclusion was no surprise.
The overlap between the two complaints was so extensive that earlier this year, Judge Delgado-Colón proposed a $7,000 sanction against San Juan’s outside counsel for blatant plagiarism, noting that both lawsuits even contained identical typos.
San Juan itself repeatedly admitted the similarities. As the court pointed out in the dismissal:
“That case involved virtually the same defendants, the same causes of action, the same factual allegations, and the same claims for relief as the case of caption.
“San Juan has admitted as much in a filing before this Court and in two motions for consolidation filed in the Municipalities’ case.”
In short, San Juan tried to cheat off its neighbors and paid the price.
Three Strikes, You’re Out
On the heels of the Municipalities’ dismissal, San Juan’s failed lawsuit marks the third and final climate case in Puerto Rico to fall.
Earlier this year, the Commonwealth of Puerto Rico voluntarily withdrew its own complaint as the governor turned attention to addressing the island’s chronic power outages.
This outcome mirrors what’s happening nationwide.
Courts around the country – including in South Carolina, Pennsylvania, New Jersey, New York, and Maryland – have likewise rejected similar suits attempting to target American energy companies for providing essential and affordable energy.
Judges are consistently recognizing these lawsuits for what they are: politically motivated efforts that fail to stand up to legal scrutiny.
Bottom Line
The collapse of Puerto Rico’s final climate case is the latest evidence that this litigation campaign against American energy companies is a dead end.
Local governments should focus on making sure that all Americans have access to affordable and reliable energy, not punishing the companies that make that possible.
Read more at EID Climate
