On July 10, Baltimore City Circuit Court Judge Videtta A. Brown dismissed a lawsuit by the City of Baltimore seeking damages from 25 oil companies over climate change. The ruling is the latest setback for a long campaign by activist lawyers, foundations, and donors who've hoped to use the courts to achieve regulatory objectives that they've been unable to win in the federal government's elected branches, along with financial redistribution on a truly massive scale. Suits of this sort are simply not a matter for state courts, ruled Brown, who was appointed to the Maryland bench by former Democratic governor Martin O'Malley. Congress is the ultimate authority on national policy, and while such enactments as the Clean Air Act preserve some scope for state regulation of local emissions, "global pollution-based complaints were never intended by Congress to be handled by individual states." In particular, "under the Constitution's structure, matters that involve interstate controversies cannot be handled in state court under state law."
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Table of Contents
- On July 10 Baltimore City Circuit Court Judge Videtta A. Brown dismissed 1
- Suits of this sort are simply not a matter for state courts ruled Brown who 1
- Martin OʼMalley. Congress is the ultimate authority on national policy and 1
- Interstate controversies in turn are just the start since most fossil fuel use 1
- Lawyers representing the City of Baltimore had sought to keep their claims 2
- The Defendantsʼ products have not been deemed dangerous in and of 2
- As I wrote last month the Supreme Court will soon decide whether to 2
- Hawaii Supreme Court came out on the opposite side of Judge Brownʼs 2
- Maryland court on many of these questions. In the meantime letʼs hope the 2
