David Blackmon, an energy-related public policy analyst, said that a Maryland Supreme Court case represents a significant moment in statewide climate litigation involving partnerships between local governments and private law firms. This statement was made on Forbes.
“A long-running climate legal campaign targeting U.S. oil and gas companies faces a key inflection point in Maryland next week,” said Phil Goldberg, Energy-Related Public Policy Analyst and Senior Contributor. “The plaintiffs—Baltimore, Annapolis, and Anne Arundel County—had attempted to recover money damages under state and local tort laws to regulate injuries allegedly caused by global emissions. These rulings fall in line with decisions to dismiss cases in other jurisdictions which were part of this years-long lawfare campaign for which local governments have been recruited by plaintiff firms. After years of trying, this scheme has to this point proven a fruitless endeavor.”
According to a report from the U.S. Chamber of Commerce’s Institute for Legal Reform, municipalities hiring private law firms on contingency to pursue large-scale litigation—such as climate, opioid, or PFAS (per- and polyfluoroalkyl substances) cases—may encounter transparency challenges and accountability risks. The report notes that these agreements can create conflicting incentives for public decision-makers.
The Maryland Daily Record reports that the Maryland Supreme Court is set to hear arguments on October 6, 2025, in consolidated lawsuits filed by Baltimore, Annapolis, and Anne Arundel County against major oil companies including BP, Chevron, ExxonMobil, and Shell. The local governments allege that fossil fuel companies concealed climate risks for decades. In contrast, defendants argue that federal law preempts state claims over global emissions.
A white paper by the Washington Legal Foundation, authored by former Nebraska Attorney General Doug Peterson, examines the policy and legal risks of municipal governments hiring private law firms on contingency. Peterson warns that these contracts may create conflicts of interest and undermine transparency while calling for greater oversight of public-private litigation partnerships.
Blackmon is an energy-related public policy analyst and consultant based in Mansfield, Texas. He has spent 40 years in the oil and gas industry, including more than two decades managing legislative and regulatory issues. He is also a Senior Contributor at Forbes Energy.
