Overview
- The Supreme Court of Maryland, which ruled Tuesday, threw out suits by Baltimore, Annapolis, and Anne Arundel County seeking damages from more than two dozen oil companies.
- The majority said the cities’ state-law claims are displaced by federal common law on interstate pollution and further preempted by the Clean Air Act, which tasks the EPA with setting air rules across state lines.
- Two justices dissented, arguing the complaints center on alleged deception by the companies and should proceed to discovery, with one justice warning the court closed the door before those fraud claims could be tested.
- The decision deepens a split with high courts in Colorado and Hawaii that let similar cases advance, and it lands just as the U.S. Supreme Court prepares to review the Boulder case this fall in a move that could set nationwide precedent.
- The Trump administration’s Justice Department urged dismissal in briefs, industry groups praised the outcome, and coverage diverged as right-leaning outlets hailed a blow to the climate litigation campaign while E&E News focused on the legal reasoning and growing court divide.