July 11 (Reuters) - A Maryland judge on Thursday
dismissed a lawsuit by the city of Baltimore seeking to hold
energy giants such as Exxon Mobil ( XOM ), BP and
Chevron ( CVX ) responsible for climate change, saying the case
went beyond the limits of state law by trying to address the
effects of gas emissions globally.
Baltimore City Circuit Court Judge Videtta Brown's decision
marked the first time that a state court judge has dismissed one
of the myriad of lawsuits nationally by state or local
governments accusing the companies of concealing from the public
the dangers of using their fossil fuel products.
The lawsuit accused the companies of engaging in a
sophisticated campaign to deceive the public about the dangers
of their fossil-fuel products, which contribute to
greenhouse-gas pollution and climate change.
"There is no question that global warming and climate change
are wreaking havoc on our environment," Brown wrote.
But the judge said Congress never intended for lawsuits
about global pollution to be handled by individual states, and
that the city's 2018 lawsuit raised questions concerning
out-of-state emissions that were beyond the reach of Maryland
law.
For years, the energy companies had fought to avoid
litigating Baltimore's lawsuit in state court, where it was
first filed, even taking the matter to the U.S. Supreme Court,
before federal courts sent the case back to state court.
But Brown said only federal law can govern claims over such
emissions. She called Baltimore's contention that it was suing
under state law only over allegedly deceptive fossil fuel
marketing "a way to get in the back door what they cannot get in
the front door."
Theodore Boutrous, a lawyer for Chevron ( CVX ), in a statement said
the ruling "recognizes that climate policy cannot be advanced by
the unconstitutional application of state law to regulate global
emissions."
Sara Gross, the chief of the affirmative litigation division
in the Baltimore City Department of Law, in a statement said the
city disagreed with the ruling and planned to appeal.
State courts are often seen as more advantageous for
plaintiffs than federal court. State court judges in other parts
of the country including Hawaii, Massachusetts and Colorado have
allowed similar cases to move forward.
Some cases, though, have been dismissed by federal courts,
including one by New York City in a 2021 ruling whose rationale
Brown followed in dismissing Baltimore's case.
The U.S. Supreme Court is considering whether to hear a bid
by oil companies to scuttle a similar lawsuit by Honolulu.