BP p.l.c. v. Mayor & City Council of Baltimore

On October 22, 2019, the U.S. Supreme Court denied fossil fuel companies’ application for a stay pending appeal of a district court’s remand order returning Baltimore’s lawsuit seeking to hold the companies liable for impacts of climate change. The application was presented to Chief Justice Roberts, the circuit justice for the Fourth Circuit, who referred the application to the Court. The Court’s order denying the application indicated that Justice Alito did not take part in the consideration or decision of the application. The companies’ appeal of the remand order in Baltimore’s case has been fully briefed in the Fourth Circuit and is scheduled for oral argument on December 11. As of November 5, the district court in Maryland had not yet issued an order to lift its temporary stay on the remand order.

On the same day that the Fourth Circuit denied the fossil fuel companies' motion for a stay pending appeal of the district court's remand order, the companies filed an application for a stay in the U.S. Supreme Court. The application was directed to Chief Justice John Roberts, the circuit justice for the Fourth Circuit.