From the Daily Caller
Nick Pope
Contributor
A judge on Wednesday dismissed Baltimore's climate lawsuit against major energy companies.
Baltimore City Circuit Court Judge Videtta Brown ruled on Wednesday to deny the city's bid to hold major oil companies, including BP, Chevron and Exxon Mobil, accountable for climate change and alleged environmental abuses. Litigation for liability for conduct that deceives the public. Brown wrote in his ruling that the lawsuit “exceeds the limits of Maryland law.”
Baltimore's lawsuit is one of many similar lawsuits filed against major oil companies in Democratic jurisdictions such as Minnesota and San Francisco. Like others, Baltimore believes oil majors should compensate the city for the effects of climate change. (Related: Top state judge handling climate lawsuits teams up with environmental groups linked to plaintiffs’ attorneys)
“This court finds that Baltimore's complaint is solely about addressing the harms caused by global climate change and seeking compensation for such alleged harms. Baltimore's explanation is that it is simply seeking to address and hold defendants accountable for their deceptive misinformation campaign, It's just a way to get something through the back door that they can't get through the front door,” Brown wrote in the ruling. “Regardless of the character of the complaint, the analysis and answer are the same — the federal structure of the Constitution does not allow the application of state law to claims brought by Baltimore.”
Brown’s legal analysis is similar to that of other critics of the climate litigation phenomenon, including those who filed amicus briefs with the Supreme Court this spring regarding Honolulu’s similar climate nuisance lawsuits against oil majors.
In addition to concerns about federalism, other observers have pointed out that different court rulings on oil companies' liability for climate change could undermine national energy production and thus jeopardize national security.
Theodore Boutrous Jr., a lawyer for Chevron, said of the ruling: “The Court's well-reasoned opinion recognizes that global emissions cannot be regulated through the unconstitutional application of state law. Advancing Climate Policy. “As the court said, Baltimore’s claims “exceeded the limits of Maryland law” and “cannot survive because they are preempted by federal common law (and the Clean Air Act) and are now preempted by a small group. Baseless state tort cases orchestrated by plaintiffs’ lawyers will only detract from legitimate progress toward a global low-carbon energy system.
Democratic Baltimore Mayor Brandon Scott's office, BP and Exxon Mobil did not immediately respond to requests for comment.
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