The US Supreme Court declined to grant a stay to BP Plc and several other oil and gas companies Tuesday in a Baltimore lawsuit against the companies, solidifying a remand order issued by the US District Court for the District of Maryland.
The Mayor and City Council of Baltimore sued in state court last year against BP and 25 other oil companies for contributing to climate-related harm. BP removed to the federal district court, which granted Baltimore’s motion to remand to state court.
The oil companies asked the Supreme Court on October 1 for an emergency stay of the remand order until the US Fourth Circuit Court of Appeals weighed in on their appeal of the district court’s decision. This triggered the Federal Officer Removal statute, which allows federal agencies and officials to remove state cases to federal court. Baltimore officials asked the US Supreme Court to deny BP Plc and other oil and gas companies’ attempt to stay Friday.
The oil companies argued that irreparable harm would result from the costs of simultaneously litigating the case in federal and state courts. Baltimore counter-argued that expensive legal proceedings are unlikely given the cases are in early stages and would result in endless requests for review by the Supreme Court.
Justice Sam Alito recused himself from weighing in on this case.