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 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.