“The Court’s decision joins the growing and nearly unanimous consensus, among both federal and states courts across the country, that these types of claims are precluded and preempted by federal law and must be dismissed under clear U.S. Supreme Court precedent,” Chevron attorney Theodore J. Boutrous Jr. said in a statement.
A Maryland judge has dismissed climate change lawsuits filed against the oil industry by Anne Arundel County and the City of Annapolis.
According to Maryland Matters, Anne Arundel County Circuit Court Judge Steven Platt dismissed both lawsuits on Thursday. In his decision, Platt said that federal law preempts state-level claims against oil and gas companies.
The defendants named in the lawsuit included BP, Shell, Citgo, and others.
Gregory Swain, the county attorney for Anne Arundel County, said that the county “respects the court’s decision” but is planning to appeal the ruling.
Chevron, one of the defendants named in the claim, welcomed the ruling.
“The Court’s decision joins the growing and nearly unanimous consensus, among both federal and states courts across the country, that these types of claims are precluded and preempted by federal law and must be dismissed under clear U.S. Supreme Court precedent,” Chevron attorney Theodore J. Boutrous Jr. said in a statement.
Maryland Matters notes that both of the lawsuits alleged that the defendant oil companies had known for decades that their products and policies were contributing to global warming, yet strove to hide this information from consumers.
At the same time, the continued use of fossil fuels caused “devastating economic and public health impacts,” affecting residents throughout the county. The lawsuit emphasized that “people of color, people living in poverty, and other vulnerable communities” have been disproportionately harmed by climate change.
Matt Fleming, the director of the Resilience Authority of Annapolis and Anne Arundel County, told the Capital Gazette in October that any settlement money from the lawsuit would have been used to create and improve “climate resilience” upgrades to local infrastructure.
“We’re limited by our resources,” Fleming said. “It would make a tremendous difference for the quality of life for all Annapolis residents.”
Platt’s decision, adds Maryland Matters, constituted an abrupt about-face: last year, Platt rejected the oil and gas defendants’ motion for dismissal.
In his ruling, Platt said that a wave of climate change-related rulings across the country—and, in particular, a recent ruling issued by Baltimore City Circuit Judge Videtta Brown—persuaded him to change his position.
“The Court acknowledges being persuaded on this second go-round by the Defendants authorities and Judge Videtta A. Brown’s logic,” Platt wrote. “This Court therefore holds that the U.S. Constitution’s federal structure does not allow the application of State Court claims like those presented in the instant cases.”
Sources
Energy companies say Annapolis, Anne Arundel ‘climate deception’ lawsuits should be dismissed
Energy companies win dismissal of Baltimore’s climate change case
Judge dismisses climate change lawsuit against oil companies by Annapolis, Anne Arundel County
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