In the recent case of City of Baltimore v. BP, et al., a Baltimore City Circuit Court judge dismissed a lawsuit brought by the City of Baltimore against 25 fossil fuel manufacturers. The city was seeking to hold these companies liable for the effects of their products on the climate. This decision is significant as it is the first time a state court judge has fully dismissed one of the many lawsuits filed by state and local governments against fossil fuel manufacturers.
The court’s decision was based on the grounds that all of Baltimore’s state-law claims were preempted by federal common law and the federal Clean Air Act. The court stated that the city’s case was not solely based on the defendants’ marketing practices and that it did not seek damages for fossil fuel emissions regulated by the federal government. Additionally, the court rejected Baltimore’s claims on their merits, including nuisance law claims and failure to warn claims.
This ruling may have implications for other courts handling similar climate change lawsuits. The U.S. Supreme Court is currently considering whether to hear an appeal by fossil fuel manufacturers in a case brought by the City of Honolulu. This decision by the Baltimore court sets a precedent in adhering to the traditional limits of state tort law.
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