Description: City of Baltimore lawsuit seeking to hold fossil fuel companies liable for climate change impacts.
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Mayor & City Council of Baltimore v. BP p.l.c.
Case Documents:
Filing Date Type File Action Taken Summary 06/10/2019 Memorandum Opinion Download Motion to remand granted; execution of remand order stayed for 30 days as stipulated by the parties. Federal Court Said Baltimore’s Climate Case Against Oil and Gas Companies Belonged in State Court. The federal district court for the District of Maryland remanded the City of Baltimore’s climate change lawsuit against oil and gas companies to state court. The court concluded that federal question jurisdiction did not exist and also rejected alternative bases for federal jurisdiction. First, the court rejected the defendants’ argument that federal common law governed Baltimore’s state law nuisance claim as a “cleverly veiled preemption argument.” The court said ordinary preemption was merely a defense and did not permit it to treat the claim as if it had been pleaded under federal law for jurisdictional purposes. The court further concluded that federal common law would not support removal even under the complete preemption doctrine because the defendants had not shown that any federal common law claim for public nuisance was available and case law suggested that the Clean Air Act displaced any such claim. Second, the court found that the case did not fall within the “slim category” of cases in which federal question jurisdiction exists for state law claims that raise substantial and disputed federal issues. Although the court acknowledged that there were “federal interests in addressing climate change,” the court said the defendants had not established that “a federal issue” such as foreign policy or a federal regulatory scheme was a necessary element of Baltimore’s claims. Third, the court rejected the argument that the foreign affairs doctrine or the Clean Air Act completely preempted Baltimore’s claims. Fourth, the court found no basis for federal jurisdiction based on defendants’ activities on federal enclaves. Regarding the alternative bases for removal jurisdiction, the court found that the defendants did not demonstrate that jurisdiction existed under the Outer Continental Shelf Lands Act, or that the claims were removable under the federal officer removal statute, the bankruptcy removal statute, or admiralty jurisdiction. Pursuant to a stipulation by the parties, the remand order is temporarily stayed. The defendants are seeking to stay the order pending their appeal to the Fourth Circuit. 04/22/2019 Consent Decree Download Court entered consent order accepting joint stipulation to temporarily stay execution of any remand order. 04/19/2019 Stipulation Download Parties filed a joint stipulation and proposed consent order to temporarily stay execution of any remand order the court may issue. 04/12/2019 Reply Download Reply filed by defendants to plaintiff's opposition to conditional motion to stay execution of any remand order. 04/05/2019 Opposition Download Plaintiff filed opposition to defendants' conditional motion to stay execution of any remand order. 04/03/2019 Motion Download Conditional motion filed by defendants to stay execution of remand order should the court grant the pending motion to remand. 02/22/2019 Opposition Download Opposition to defendants' request for hearing filed by plaintiff. 02/20/2019 Request Download Request for hearing filed by defendants. 12/27/2018 Memorandum of Law Download Notice errata to Mayor & City Council of Baltimore's motion to remand to state court filed, along with corrected memorandum of law. 10/25/2018 Reply Download Reply filed in support of motion to remand. 10/11/2018 Opposition Download Opposition filed to motion to remand. Fossil Fuel Companies Opposed Remand of Baltimore’s Climate Change Lawsuit. On October 11, 2018, fossil fuel companies filed papers in Maryland federal court opposing remand of the Mayor and City Council of Baltimore’s (Baltimore’s) lawsuit seeking to hold the companies liable for the impacts of climate change. The companies argued that the claims necessarily arose under federal common law, and that even if only state-law claims were asserted, the claims necessarily raised disputed and substantial federal issues. In addition, the companies argued that the Clean Air Act and other federal statutes completely preempted the claims and that federal jurisdiction was also available pursuant to the Outer Continental Shelf Lands Act, the federal officer removal statue, federal enclave doctrine, the bankruptcy removal statute, and admiralty jurisdiction. 09/11/2018 Motion Download Motion to remand filed. Baltimore Moved to Remand Its Climate Lawsuit Against Fossil Fuel Companies to State Court. On September 11, 2018, Baltimore moved to remand its climate change lawsuit against fossil fuel companies to Maryland state court. First, Baltimore contended that the defendants’ assertions that federal common law governed the City’s tort claims raised an ordinary preemption defense, which did not confer subject matter jurisdiction. Moreover, Baltimore argued, its claims were not required to be pleaded under federal common law and, in any event, fell outside the scope of federal common law. Baltimore further argued that the defendants’ other grounds for removal did not supply a basis for federal subject matter jurisdiction. In particular, Baltimore asserted that the complaint did not necessarily raise substantial, disputed federal questions; that the Clean Air Act did not preempt the City’s claims; that the Outer Continental Shelf Lands Act did not supply jurisdiction for the claims; that there was no federal enclave jurisdiction; that the federal officer removal statute did not apply because the defendants did not act under federal officers; that the bankruptcy removal provisions did not apply; and that admiralty jurisdiction did not provide a basis for removal. 07/31/2018 Notice Download Notice of removal filed. Case Removed to Federal Court. Baltimore asserted causes of action for public nuisance, private nuisance, strict liability failure to warn, strict liability design defect, negligent design defect, negligent failure to warn, and trespass, as well as a cause of action under Maryland’s Consumer Protection Act. The Chevron defendants removed the action to federal court on July 31, 2018, asserting that Baltimore’s lawsuit “calls into question longstanding decisions by the Federal Government regarding, among other things, national security, national energy policy, environmental protection, development of outer continental shelf lands, the maintenance of a national petroleum reserve, mineral extraction on federal lands (which has produced billions of dollars for the Federal Government), and the negotiation of international agreements bearing on the development and use of fossil fuels.” Chevron said the causes of action should be governed by federal common law. The defendants said the case should “be heard in this federal forum to protect the national interest by its prompt dismissal.” -
Mayor & City Council of Baltimore v. BP p.l.c.
Case Documents:
Filing Date Type File Action Taken Summary 07/20/2018 Complaint Download Complaint filed. Baltimore Filed Climate Change Lawsuit Against 26 Fossil Fuel Companies. On July 20, 2018, the Mayor and City of Baltimore (Baltimore) filed an action in Maryland state court seeking to hold 26 fossil fuel companies liable for injuries resulting from climate change. Like other municipalities, Baltimore alleged that the defendants’ conduct¬¬—the production, promotion, and marketing of fossil fuel products; the simultaneous concealment of the products’ known hazards; and their “championing of anti-science campaigns”¬¬¬—directly and proximately cause adverse climate change impacts. The alleged injuries included 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. Baltimore asserted that it was particularly vulnerable to sea level rise and flooding due to 60 miles of waterfront land and that climate change impacts already adversely affected the City’s infrastructure. Baltimore asserted causes of action for public nuisance, private nuisance, strict liability failure to warn, strict liability design defect, negligent design defect, negligent failure to warn, and trespass, as well as a cause of action under Maryland’s Consumer Protection Act.