The United States Court of Appeals for the Fourth Circuit
has affirmed a District Court order remanding to state court a suit filed by
the City of Baltimore seeking to hold oil companies accountable for climate
change. In 2018, the Mayor and City
Council of Baltimore filed suit against major oil companies in state
court. The complaint alleged that the oil companies contributed to climate
change by extracting, producing, promoting and selling fossil fuels, while
deceiving the public about the known harms of fossil fuel products. Baltimore
brought eight state law claims against the oil company, including nuisance and
trespass.
In July 2018, the case was removed to federal district
court in Maryland. The City of Baltimore
then filed a motion to remand the lawsuit back to state court which was granted
by the federal district court.
The defendant oil companies appealed the District Court
ruling to the Fourth Circuit Court of Appeals. The companies argued the case presented
uniquely federal issues and belongs in federal court because even though state
claims are alleged, the suit seeks to regulate interstate emissions.
Rejecting this argument, the Fourth Circuit found the suit does not seek to modify any regulations, laws, or treaties or to establish national or global standards for greenhouse gas emissions. Rather, the Fourth Circuit held, the suit seeks damages and abatement of the nuisance within Baltimore.
