REGULATORY · MARKET STRUCTURE · USA

Maryland high court rejects municipal climate torts

Climate in the Courts
Change
Maryland’s highest court affirmed dismissal of climate tort lawsuits by Baltimore, Annapolis, and Anne Arundel County.
Maryland high court rejects municipal climate torts
Why it matters
The court held state-law claims tied to global greenhouse-gas emissions are preempted by federal law, blocking municipalities from pursuing those tort remedies in Maryland courts. That restricts the ability of local governments to obtain damages from fossil fuel companies under state common law. Comparable state-level climate tort strategies in Maryland are now significantly harder or unavailable.
Implications
  • · State-law climate tort claims in Maryland are effectively barred under the court's preemption analysis.
  • · Plaintiffs will need to pursue federal claims or seek legislative remedies instead of state common-law suits.
Who is affected
  • · Municipal governments seeking climate damages
  • · Fossil fuel companies defending liability claims
  • · Maryland state courts and litigators in climate cases
Source

Climate in the Courts

Topics

Law & Public Safety Court Rulings Climate & Environment Climate Change Environmental Regulation

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