In the News

Court stays decision on City of Baltimore’s plastic nuisance claim, but notes support under prevailing Maryland law

On Monday, July 21, 2025, the Circuit Court for Baltimore City stayed it’s ruling on the City of Baltimore’s claims that Pepsi, Frito-Lay, and Coca-Cola are liable under public nuisance law for the City’s cost of plastic waste management, and damages to the City’s water and environment resulting from microplastics. While the Court decided to await the outcome of a similar nuisance case pending before the Maryland Supreme Court (involving the petrochemical industry’s contributions to climate change), it noted that under prevailing Maryland caselaw “a defendant does not need to have control over the alleged nuisance in order to be held liable for its creation,” seemingly rejecting Defendants’ main argument in its motion to dismiss. The Court dismissed the City of Baltimore’s claims alleging other causes of action.

The Court’s decision can be found here.

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