Baltimore's Climate Change Lawsuit Dismissed

In City of Baltimore v. BP, et al., court holds that nuisance and tort claims are preempted by federal law and beyond the limits of state law.

On July 10, 2024, a Baltimore City Circuit Court judge dismissed a lawsuit by the City of Baltimore against 25 fossil fuel manufacturers seeking to hold them liable on numerous state-law theories, including for alleged misrepresentations about the effects of their products on the climate. This marks the first time that a state court judge has dismissed in full one of the many lawsuits brought by state and local governments seeking damages from fossil fuel manufacturers for the effects of using fossil fuels on the climate.

In a 35-page opinion, the court held that all of Baltimore's state-law claims were preempted by federal common law and the federal Clean Air Act. The court rejected Baltimore's arguments that its case was based only on the defendants' marketing, and that it did not seek damages for fossil fuel emissions