Climate Change Lawsuit Against Oil Companies Dismissed In Annapolis, Anne Arundel

ANNE ARUNDEL COUNTY, MD — A judge recently tossed out a lawsuit seeking to hold oil companies accountable for the effects of climate change in the City of Annapolis and Anne Arundel County, multiple reports said.

Maryland Matters, The Baltimore Banner and The Baltimore Sun all reported that Judge Steven Platt on Jan. 23 dismissed the lawsuit in Anne Arundel County Circuit Court.

Jurisdictions around the country have sought damages from oil giants, but they have had mixed results.

The Banner and The Sun said judges recently allowed Connecticut, Massachusetts, Vermont and Hawaii cases to proceed. Suits in New York City, Delaware and Baltimore were tossed, however.

The decision to dismiss Baltimore's case in July 2024 influenced Platt's ruling, according to a copy of his decision obtained by Maryland Matters.

The Banner said Platt argued that state courts cannot decide these matters that extend beyond municipalities' borders, instead pointing to the federal Clean Air Act as a pathway to limit greenhouse gas emissions.

"The States such as Plaintiffs here, the City of Annapolis and the County of Anne Arundel can participate in the effort to limit emissions collaboratively, but not in the form of litigation," Platt stated in his decision, according to Capital Gazette.

A copy of the lawsuit reviewed by Maryland Matters showed that BP, Chevron, Crown, Exxon, Marathon and Shell were among the initial defendants named in the case filed in 2021.

Chevron cheered the dismissal of the lawsuit, pointing to the Baltimore case as a precedent. The Banner said that suit rose to the Supreme Court, which sided with the oil companies and sent the case back to lower courts where it was dismissed.

"The Court’s decision joins the growing and nearly unanimous consensus, among both federal and states courts across the country, that these types of claims are precluded and preempted by federal law and must be dismissed under clear U.S. Supreme Court precedent," Chevron Attorney Theodore J. Boutrous Jr. told Maryland Matters in a prepared statement.

The City of Annapolis is determining its next moves.

"At this juncture, the City Attorney is keeping options open for what comes next. The basis for the litigation was to hold the companies to account for the damage their products have caused, which will result in significant and ongoing infrastructure costs to hold back floodwaters along our nearly two dozen miles of coastline," an Annapolis spokesperson told Capital Gazette.

Annapolis hopes to soon build City Dock Park, an elevated earthen berm, to protect downtown from flooding. The project is currently held up in court, however. Construction can't begin until that lawsuit is decided.

Anne Arundel County said it's not done with its fight.

"While we respect the Court’s decision, the County will continue to pursue these important remedies in the appellate courts," County Attorney Gregory Swain told Patch in a Wednesday statement.

Related: City Dock Flood Protection Paused Until Lawsuit Decided, Planned Park Must Wait