Current:Home > MarketsMaryland Climate Ruling a Setback for Oil and Gas Industry -MarketMind
Maryland Climate Ruling a Setback for Oil and Gas Industry
View
Date:2025-04-21 09:36:26
A lawsuit for damages related to climate change brought by the city of Baltimore can be heard in Maryland state courts, a federal appeals court ruled on Friday. The decision is a setback for the fossil fuel industry, which had argued that the case should be heard in federal court, where rulings in previous climate cases have favored the industry.
In a unanimous ruling, a three-judge panel of the Fourth U.S. Circuit of Appeals dismissed the industry’s argument that the lawsuit was more appropriate for federal court because the damage claims should be weighed against federal laws and regulations that permitted the industry to extract oil and gas, the primary cause of the greenhouse gas emissions that drive global warming.
Pending any further appeals, the ruling leaves the door open for the case to proceed in a Maryland court, where the city is relying on state laws covering a number of violations, including public nuisance, product liability and consumer protection.
The court’s decision Friday is the first federal appeals court to rule in a string of climate cases under appeal across the country over the question of federal or state jurisdiction. It affirmed an earlier ruling by a lower federal court that the case was best heard in state court.
The ruling is not binding on other pending appeals, but legal scholars say that other federal appeals courts will take notice of the findings.
Although the ruling blocks one avenue of defense for the industry, the judges did not foreclose other possible challenges related to the question of jurisdiction. There was no immediate indication from the industry of whether further legal options might be considered or what those might be.
Baltimore’s top legal officer, acting City Solicitor Dana Moore, hailed the ruling as a rebuke to the industry.
“We were confident in our case and are grateful that the Court of Appeals agreed,” Moore said in a prepared statement. “We look forward to having a jury hear the facts about the fossil fuel companies’ decades-long campaign of deception and their attempt to make Baltimore’s residents, workers, and businesses pay for all the climate damage they’ve knowingly caused.”
The foundation for the appeals court ruling was laid last year when lawyers representing the city argued before the appeals court that the foundation of the case rested on the promotion of a harmful product by the fossil fuel industry. That equated to violations of state product liability laws best decided by state courts, the city’s lawyers argued.
The essence of the fossil fuel companies’ argument was that much of the oil and gas was extracted from federal land under permits issued by the federal government so the allegations must be resolved under federal law.
Ann Carlson, an environmental law professor at the Emmett Institute on Climate Change and the Environment, part of the University of California, Los Angeles’ School of Law, said the ruling is significant because it steamrolls one of the primary roadblocks used by the industry in an attempt to block the city’s day in court.
“This ruling removes an obstacle to the plaintiffs moving forward in state courts and puts these cases much, much closer to a trial where the facts and the truth will emerge,” said Carlson, who has done limited pro bono work on the Baltimore case.
Carlson called the ruling “well-reasoned” and “solid,” so that other appellate courts considering similar climate cases could take notice.
“There could be some influence,” she said. “The issues are much the same and this ruling could provide some guidance to the other courts.”
The Baltimore case, filed two years ago, seeks to hold 26 fossil fuel companies financially accountable for the threats posed by climate change. The lawsuit alleges that fossil fuel companies, including Exxon, Chevron and Phillips 66, knowingly sold dangerous products for decades and failed to take steps to reduce that harm.
Baltimore’s lawsuit claims that the 26 companies are responsible for approximately 15 percent of the carbon dioxide emissions in the five decades from 1965 to 2015.
Among the consequences of that increase in atmospheric carbon have been extreme weather events and sea level rise, both particular threats to Baltimore.
“As a direct and proximate consequence of defendants’ wrongful conduct … flooding and storms will become more frequent and more severe, and average sea level will rise substantially along Maryland’s coast, including in Baltimore,” the city argued in its suit.
The Baltimore case joins more than a dozen lawsuits—including claims filed by the state of Rhode Island and cities and counties in California, Colorado, New York and Washington State—that are currently pending to hold fossil fuel companies financially accountable for their role in creating climate change and for deceiving the public about the impact of their business practices.
The industry is trying to steer the climate cases into the federal courts, where the U.S. Supreme Court could ultimately end up ruling on the issue.
veryGood! (84)
Related
- Bet365 ordered to refund $519K to customers who it paid less than they were entitled on sports bets
- Molly Sims Reacts to Friends Rachel Zoe and Rodger Berman's Divorce
- Meet Your New Favorite Candle Brand: Emme NYC Makes Everything From Lychee to Durian Scents
- Joshua Jackson Shares Where He Thinks Dawson's Creek's Pacey Witter and Joey Potter Are Today
- FBI: California woman brought sword, whip and other weapons into Capitol during Jan. 6 riot
- North Carolina Republican governor candidate Mark Robinson vows to stay in race despite media report
- Illinois’ top court says odor of burnt marijuana isn’t enough to search car
- What is Cover 2 defense? Two-high coverages in the NFL, explained
- Paula Abdul settles lawsuit with former 'So You Think You Can Dance' co
- US troops finish deployment to remote Alaska island amid spike in Russian military activity
Ranking
- How breaking emerged from battles in the burning Bronx to the Paris Olympics stage
- Seeking to counter China, US awards $3 billion for EV battery production in 14 states
- AP Week in Pictures: Global
- Watch these puppies enjoy and end-of-summer pool party
- RFK Jr. closer to getting on New Jersey ballot after judge rules he didn’t violate ‘sore loser’ law
- Playoff baseball in Cleveland: Guardians clinch playoff spot in 2024 postseason
- Wheel of Fortune Contestants' Bad Luck Curse Shocked Even Ryan Seacrest
- Meet Your New Favorite Candle Brand: Emme NYC Makes Everything From Lychee to Durian Scents
Recommendation
Working Well: When holidays present rude customers, taking breaks and the high road preserve peace
National Pepperoni Pizza Day 2024: Get deals at Domino's, Papa Johns, Little Caesars, more
George Kittle injury update: Is 49ers TE playing in Week 3?
Road work inspector who leaped to safety during Baltimore bridge collapse to file claim
NHL in ASL returns, delivering American Sign Language analysis for Deaf community at Winter Classic
Georgia jobless rate rises for a fourth month in August
Utah governor says he’s optimistic Trump can unite the nation despite recent rhetoric
When are Walmart Holiday Deals dates this year? Mark your calendars for big saving days.