Judge dismisses Baltimore’s climate change lawsuit against major oil companies

A Maryland judge has tossed the City of Baltimore’s climate change lawsuit against 25 major oil and fossil fuel companies, saying the claims were untimely and fell outside of state law.

Judge Videtta A. Brown, a circuit judge in Baltimore, dismissed the case on Wednesday, siding with other courts in New York and Delaware that reasoned the localities’ climate change suits fell outside of state law jurisdiction.

The lawsuit was originally filed in 2018 and is one of several that big oil companies have been battling across the nation.

Unlike in Baltimore, a court in Hawaii ruled against the energy giants, prompting the companies to appeal to the Supreme Court.

That case is pending before the justices as they weigh whether or not to grant a review during the next term, which begins in October.

It would take four justices to vote in favor of hearing the dispute.

Litigation filed by local and state governments against fossil fuel companies allege they are liable for damage caused by climate change. 

The litigation involves major energy companies like Chevron, Sunoco and Exxon.

Local officials had sued the energy companies in state court, seeking redress from physical damage they contend was due to climate change.

Theodore J. Boutrous Jr., counsel for Chevron Corp., said the Baltimore judge’s opinion “recognizes that climate policy cannot be advanced by the unconstitutional application of state law to regulate global emissions.”

“As the court stated, Baltimore’s claims are ‘beyond the limits of Maryland state law’ and ‘cannot survive because they are preempted by federal common law (and the Clean Air Act).’ The meritless state tort cases now being orchestrated by a small group of plaintiffs’ lawyers only detract from legitimate progress toward a lower carbon global energy system,” he said.

A spokesperson from the Baltimore mayor’s office said they will appeal.

“We respectfully disagree with this opinion and will be seeking review from a higher court,” said Sara Gross, chief of the affirmative litigation division in the Baltimore City Department of Law.