A coal barge and oil ship are docked in Honolulu after the state received its last shipment of coal, Thursday, July 28, 2022.
But the companies point to the decision of another court — the 2nd U.S. Circuit Court of Appeals — that ruled the local climate suits are invalied because federal law trumps state law claims against the oil giants. “In these cases, state and local governments are attempting to assert control over the nation’s energy policies by holding energy companies liable for worldwide conduct in ways that starkly conflict with the policies and priorities of the federal government. That flouts this court’s precedents and basic principles of federalism, and the court should put a stop to it.”
The industry’s high court appeal comes just days after 19 Republican state attorneys general called on the justices to block another spate of lawsuits from Democratic-controlled states and cities using the climate change argument to suit oil and gas producers in their jurisdictions. The unusual joint appeal specifically seeks to stop lawsuits brought by California, Connecticut, Minnesota, New Jersey and Rhode Island, according to the Associated Press.
“The same defenses are in fact currently being adjudicated by courts in four different states. Rather than short-circuit the ordinary percolation process, this court should deny certiorari,” Honmolulu’s lawyers argued in their filing.The justices will discuss the dispute during their private conference on June 6. It would take four justices to vote in favor of reviewing the Hawaii Supreme Court decision for oral arguments to be granted. Those would take place next term, which begins in October.
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