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You are here: Home / Liability Litigation / Oil Companies Sued by Baltimore Face Discovery in State Court
Oil Companies Sued by Baltimore Face Discovery in State Court

Oil Companies Sued by Baltimore Face Discovery in State Court

October 1, 2019 Filed Under: Baltimore Lawsuit, Liability Litigation

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By Karen Savage

A federal appellate judge ruled that Baltimore’s climate liability suit will proceed in state court, rejecting a motion by more than two dozen fossil fuel defendants to halt the suit while they try to convince the Fourth Circuit Court of Appeals that the case belongs in federal court.

In an order issued Tuesday, Judge James A. Wynn, Jr., refused to halt the case pending appeal of an earlier federal court decision sending the case back to state court. Chief Judge Roger L. Gregory and Judge Albert Diaz concurred with Wynn’s decision. 

“That means discovery should be able to proceed in state court unless the U.S. Supreme Court steps into intervene, a highly unlikely outcome,” said Ann Carlson, co-director of the UCLA School of Law’s Emmett Institute on Climate Change and the Environment in a blog post.

“The process of discovery will be long and drawn out and oil companies will put up every obstacle imaginable in an attempt to avoid answering questions along the way,” said Carlson, who has provided pro-bono consulting for Baltimore and other municipalities. “But the cases have reached a new stage that no other climate change nuisance case has. Things are about to get interesting.”

This is the second unsuccessful attempt by the fossil fuel defendants to stay—or pause—the case pending appeal of U.S. District Court Judge Ellen Hollander’s ruling that Baltimore’s suit should be heard in state court. 

Hollander denied the first attempt in July, rejecting the companies’ claim that they would be irreparably harmed if the case were to proceed. The companies then filed a second motion to stay the case, this time with the Fourth Circuit. Wynn’s order nixed that motion.

“We appreciate the Fourth Circuit’s quick and clear decision and are ready to prove the case in Baltimore Circuit Court where the complaint was filed, and where the case belongs,” Andre Davis, Baltimore’s city solicitor said.

In the suit, which was filed in state court last year, Baltimore alleges that ExxonMobil, Chevron, Shell and 23 other fossil fuel producers and distributors knew for decades that fossil fuels drive climate change but deliberately failed to inform the public about those risks. The city is charging the companies with eight legal violations, including public nuisance, private nuisance, failure to warn and violations of Maryland’s consumer protection laws. 

 Exxon did not immediately respond to a request for comment and Chevron declined to comment.

Davis said the city of Baltimore is ready for trial.

“Who should pay for the damages of climate change caused by the products of oil, gas and coal companies—the companies who profited from their sale? Or the taxpayers?” Davis said.

“We are ready to get to the merits. Are the fossil fuel companies ready to defend it?”


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Filed Under: Baltimore Lawsuit, Liability Litigation

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Trackbacks

  1. Oil Companies Sued by Baltimore Face Discovery in State Court | Climate Change says:
    October 2, 2019 at 12:45 pm

    […] Read original story […]

  2. Our Political Climate: 100319 – Our Political Climate says:
    October 3, 2019 at 9:00 am

    […] Oil Companies Sued by Baltimore Face Discovery in State Court (Climate Liability News) […]

  3. Supreme Court to decide whether to halt Baltimore climate case says:
    October 3, 2019 at 3:02 pm

    […] Oil Companies Sued by Baltimore Face Discovery in State Court […]

  4. US Supreme Court to Decide Fate Of Baltimore v. Big Oil Suit – News by Droolin' Dog says:
    October 4, 2019 at 8:23 am

    […] Tuesday, the Fourth Circuit ruled against issuing a stay in the case in the lower courts. That decision would have allowed city […]

  5. US Supreme Court to Decide Fate Of Baltimore v. Big Oil Suit | @TheRealNews | Actify Press says:
    October 4, 2019 at 11:02 am

    […] Tuesday, the Fourth Circuit ruled against issuing a stay in the case in the lower courts. That decision would have allowed city […]

  6. Supreme Court to Decide Fate Of Baltimore v. Big Oil says:
    October 4, 2019 at 4:34 pm

    […] Tuesday, the Fourth Circuit ruled against issuing a stay in the case in the lower courts. That decision would have allowed city […]

  7. US Supreme Court to Decide Fate Of Baltimore v. Big Oil Suit | @TheRealNews says:
    October 4, 2019 at 7:37 pm

    […] Tuesday, the Fourth Circuit ruled against issuing a stay in the case in the lower courts. That decision would have allowed city […]

  8. Minnesota AG: Climate liability recalls state's fight against tobacco industry says:
    October 16, 2019 at 2:58 pm

    […] Oil Companies Sued by Baltimore Face Discovery in State Court […]

  9. Baltimore argues Supreme Court should let climate case proceed says:
    October 22, 2019 at 3:49 pm

    […] month to stop the case from proceeding in state court after the Fourth Circuit Court of Appeals declined to do so. The companies are appealing a U.S. District Court judge’s ruling that the suit belongs […]

  10. Supreme Court rules against Big Oil, refuses to halt Baltimore climate case says:
    October 22, 2019 at 10:10 pm

    […] A judge for the Fourth Circuit Court of Appeals, which is considering the companies’ appeal, denied a motion for a stay earlier this month. District Court Judge Ellen Hollander, who issued the initial […]

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