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U.S. Supreme Court,
Environmental & Energy

Nov. 7, 2019

Will climate change nuisance cases be tried in state court?

A suit brought in Maryland state court last year against a group of 26 fossil fuel companies, is one of a series of similar cases throughout the country, including two consolidated cases in California, that remain unresolved. Judges in California appear to disagree about whether these cases belong in state or federal court.

Darrin D. Gambelin

Partner
Downey Brand LLP

Phone: 415-848-4810

Email: dgambelin@downeybrand.com

Darrin's practice includes environmental compliance and permitting, with a focus on air and climate issues.

Monica Browner

Associate
Downey Brand LLP

Monica is an associate in the firm's Natural Resources department.

The United States Supreme Court's refusal, on Oct. 22, to block a Maryland state court from proceeding with a lawsuit filed by the city of Baltimore seeking damages from climate change impacts signals that an avenue through the state courts remains potentially available to cities and local jurisdictions for these actions. The suit, Mayor and City Council of Baltimore v. BP PLC, et al., brought by the city of Baltimore in Maryland state cour...

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