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Maryland's Top Court Weighs Big Oil's Climate Change Liability

Big oil's climate change liability is in the hands of Maryland's Supreme Court. Justices debate whether local governments can hold companies accountable for known climate risks.

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Maryland's Top Court Weighs Big Oil's Climate Change Liability

Maryland's Supreme Court justices have heard arguments in a significant class action lawsuit. Baltimore, Annapolis, and Anne Arundel counties allege that major oil and gas companies concealed information about their products' role in climate change. The defense, led by attorney Theodore Boutrous, contends that state and local governments lack authority to regulate emissions, as federal agencies have this responsibility.

The lawsuits, initially dismissed by lower courts, now await the Supreme Court's decision. Boutrous, representing the fossil fuel companies, argued that the Clean Air Act and federal agencies like the EPA preempt state and local regulations. He also suggested that changes should come from Congress, not courts.

Justices appeared skeptical of the plaintiffs' arguments. They questioned the specificity of required warnings and the international scope of the issue. Plaintiffs seek warnings on fossil fuel products, commensurate with the risk posed by climate change, which companies knew about since the 1960s. Similar lawsuits have been filed in other states like Hawaii and Colorado.

The Maryland Supreme Court will decide the fate of these class action lawsuits, setting a precedent for similar cases across the country. The decision will determine whether local governments can hold fossil fuel companies accountable for their role in climate change.

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