#United States #Baltimore #cigarette filters #Tobacco Companies

In a significant breakthrough for environmental justice, Milberg PLLC has secured a landmark victory for the City of Baltimore against major tobacco manufacturers, including Philip Morris USA, R.J. Reynolds, and Liggett Group. This case, which highlights the issue of cigarette filter pollution, centers around the environmental damage caused by discarded plastic cigarette filters. The Baltimore Circuit Court ruled that Baltimore's lawsuit is not barred by the 1998 Master Settlement Agreement (MSA) that many tobacco companies had previously claimed offered them immunity against such claims. The Court found that Baltimore was not a releasing party under the MSA, emphasizing that the state's attorney general did not have the authority to waive claims for political subdivisions when the agreement was executed. As a result, Baltimore can pursue its design defect claims against the tobacco companies, arguing that they are responsible for the environmental harm caused by their products. Judge Audrey J.S. Carrión’s decision made it clear that the lawsuit's claims were not considered released under the MSA, which is primarily focused on public health issues like youth smoking and the consequences of tobacco usage on individual health. In rejecting the tobacco companies' argument to offset any potential judgment against their annual payments under the MSA, the Court stated that the settlement's provisions only apply to released claims and not to harm that affects the environment. This ruling is hailed as a pivotal moment in environmental litigation, highlighting that the tobacco companies will be held accountable for the significant pollution they have caused. According to estimates, cigarette butts are the most littered item worldwide, with nearly 4.5 trillion discarded every year. They constitute 25 to 40 percent of litter collected globally and are made from cellulose acetate, a non-biodegradable plastic that leaches harmful chemicals into the environment. Baltimore City has been grappling with the repercussions of this waste, spending over $32 million annually to manage litter collection, with cigarette filters comprising a substantial portion of that waste. Factors such as these have prompted Baltimore to seek compensation for cleanup costs associated with cigarette litter, as well as a mandate for changes to the design of cigarette filters to minimize their environmental footprint. Milberg's efforts, alongside co-counsel Napoli Shkolnik PLLC and Kanner Whiteley, LLC, underscore the push toward environmental accountability. Milberg's partner, Zachary Howerton, remarked that "this ruling confirms what we have argued from the outset: the 1998 Master Settlement Agreement was never intended to shield tobacco companies from accountability for the environmental consequences of their products." He reinforced the need for a shift in the financial burden of environmental cleanup from taxpayers to the companies responsible for the pollution. This historic victory also highlights the importance of collaboration between legal firms, municipal representatives, and community advocates in pursuing just outcomes in cases involving environmental degradation. The partnership between Milberg and Baltimore's Law Department has been instrumental in navigating this complex legal landscape. Looking ahead, Milberg is committed to continuing its fight against other forms of pollution as they represent Baltimore in multiple related cases involving microplastics. This landmark decision serves as a reminder that corporate accountability is necessary to protect the environment and public interests, and it may set a precedent for future environmental litigation against the tobacco industry and beyond.