By Jonathan Stempel

NEW YORK (Reuters) – A judge has dismissed a New York City lawsuit that sought to continue Exxon Mobil BP (NYSE:) and Shell (LON:) are liable for misleading the public about their products, and their commitment to renewable energy and combating climate change.

In a ruling on Tuesday, state Supreme Court Justice Anar Patel said the city could not claim that climate-conscious residents were sensitive to how fossil fuels cause climate change, after being misled into failure. of oil companies to disclose how their fossil fuels. products that contribute to it.

“The city can’t have it both ways,” Patel wrote.

Patel found no evidence that oil companies and the accused American Petroleum Institute conducted “greenwashing” campaigns, including statements about clean energy and alternative energy, to boost sales of fossil fuel products in the city.

He also said that general statements such as Exxon’s claim that its gasoline will help people drive “cleaner, smarter and longer” are not clear enough to suggest that the defendants’ products are not related to climate change.

With about 8.3 million people, New York City says companies falsely portray themselves in ads and social media as climate change leaders despite investing little in clean energy such as wind and solar.

It is seeking civil fines and an end to the alleged frauds.

Nicholas Paolucci, a spokesman for the city’s law department, on Wednesday said the city is evaluating its options.

“Our complaint alleges that these defendants have spent millions to mislead consumers into thinking that they, and their products, are contributing to a clean energy future,” he said. “They don’t. Companies that violate the city’s consumer protection laws must be held fully accountable.

In a statement, Exxon said: “At some point, our hope is that political figures across the country realize that ideological hatred for us does not mean we have done anything wrong.”

Shell declined to comment. BP did not immediately respond to a request for comment.

Many US state and local governments are suing oil companies over climate change, including emissions of carbon dioxide and other greenhouse gases.

Patel ruled a day after the US Supreme Court refused to stop the city of Honolulu’s own lawsuit against Exxon, BP, Shell and other oil companies.

The case began in New York City in April 2021, three weeks after a federal appeals court rejected its case seeking to hold Exxon, BP, Shell, Chevron (NYSE:) and ConocoPhillips (NYSE:) will be responsible for paying its costs from global warming.

The American Petroleum Institute 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.

The case is City of New York v. Exxon Mobil Corp (NYSE:) et al, New York State Supreme Court, New York County, No. 451071/2021.