Baltimore v. BP p.l.c.

The City of Baltimore filed suit against 26 fossil fuel companies seeking to hold the companies liable for injuries caused by climate change. This case has advanced to the United States Supreme Court on a jurisdictional matter. It is one of a number of cases brought by state and local governments in the United States seeking to hold fossil fuel companies liable for costs of adapting to climate change.

Background
The City of Baltimore initially filed an action in Maryland state court in 2018. They sought to hold 26 fossil fuel companies liable for their role in causing climate change and the associated effects on the City of Baltimore which include more frequent and more severe storms and flooding in the city and substantial increases in average sea level, as well as heatwaves, disruptions of the hydrologic cycle (including extreme precipitation and drought), and associated public health impacts.

As with other similar cases, the fossil fuel companies removed the case to U.S. Federal Court, a move which the City of Baltimore contested. Both the U.S. District and Fourth Circuit Courts ruled in favor of the City of Baltimore and remanded the case to state court. The fossil fuel companies sought Supreme Court review and filed a petition for Writ of Certiorari.

The U.S. Supreme Court granted a writ of certiorari in October 2020 and oral arguments were heard on January 19, 2021. A decision is expected by mid-2021.

Relevant Law and Principles

 * Maryland’s Consumer Protection Act
 * Public Nuisance
 * Private Nuisance
 * Negligence

Status
The case is currently awaiting a decision from the U.S. Supreme Court. A decision is likely by mid-2021.

Takeaways
This case has become the test case for whether negligence suits brought by state and local governments should be heard in state or federal court. How the U.S. Supreme Court rules in this case will greatly determine how numerous similar cases in the United States proceed.

Links

 * Sabin Center Database