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New York City says its 8.3 million residents were misled

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Claims the companies engaged in 'greenwashing' rejected

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City reviewing its legal options, seeks accountability

(Adds Exxon and Shell comments in paragraphs 10-11)

By Jonathan Stempel

NEW YORK, Jan 15 (Reuters) -

A judge has dismissed New York City's lawsuit seeking to

hold Exxon Mobil ( XOM ), BP and Shell liable

for misleading the public about their products, and their

commitment to renewable energy and fighting climate change.

In a decision on Tuesday, state Supreme Court Justice Anar

Patel said the city could not claim its climate-conscious

residents were sensitive to how fossil fuels cause climate

change, only to then be duped by the oil companies' failure to

disclose how their fossil fuel products contributed to it.

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

Patel found no proof the oil companies and the defendant

American Petroleum Institute conducted "greenwashing" campaigns,

including statements about clean energy and alternative energy,

to boost sales of fossil fuel products in the city.

She also said general statements such as Exxon's claim that

its fuel helps people drive "cleaner, smarter and longer" were

too vague to suggest the defendants' products had nothing to do

with climate change.

With about 8.3 million people, New York City said the

companies falsely portrayed themselves in ads and social media

as climate change leaders despite minimal investments in clean

energy such as wind and solar.

It sought civil fines and an end to alleged deceptions.

Nicholas Paolucci, a spokesperson for the city's law

department, on Wednesday said 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."

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."

Shell declined to comment. BP did not immediately

respond to a request for comment.

Many U.S. state and local governments have sued oil

companies over climate change, including the emission of carbon

dioxide and other greenhouse gases.

Patel ruled one day after the U.S. Supreme Court refused to

halt the city of Honolulu's own lawsuit against Exxon, BP, Shell

and several other oil companies.

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 ( CVX ) and ConocoPhillips ( COP )

liable to pay 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 ( XOM ) et al, New

York State Supreme Court, New York County, No. 451071/2021.