Maryland's highest court dismisses climate tort suits against oil companies
Change
Maryland's highest court affirmed dismissal of climate-damage lawsuits brought by the cities of Baltimore and Annapolis and Anne Arundel County against major oil and gas companies, finding the municipalities' state-law claims are preempted by federal law.
Why it matters
The decision removes state-court tort litigation in Maryland as a viable route to recover for harms tied to interstate or global greenhouse gas emissions, constraining how local governments may frame climate liability claims. The opinion was not unanimous; Justice Peter Killough dissented, arguing the majority mischaracterized the plaintiffs' deception-based claims.
Implications
- — Municipal legal teams for the city of Baltimore, the city of Annapolis, and Anne Arundel County must develop and file alternative claims grounded in non-state-law theories if they wish to continue pursuing damages after the dismissals.
- — Municipal counsel in Maryland contemplating climate tort suits must pause current state-court strategies and reassess pleadings to avoid framing claims around interstate or global greenhouse gas emissions, or risk dismissal.
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