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Honolulu Climate Case Heads to Trial After Hawaii Supreme Court Rejects Big Oil Appeal
"This is a good day for advancing our efforts to help Honolulu survive the costs and consequences of the climate crisis."
Nov 01, 2023
Hawaii's Supreme Court on Tuesday rejected U.S. oil giants' effort to scrap a climate deception lawsuit brought by the City and County of Honolulu, allowing the case to head to trial.
Filed in 2020, the lawsuit accuses ExxonMobil, Chevron, Shell, Sunoco, and other major oil and gas companies of introducing and promoting fossil fuel products that they knew were a threat to the world's climate. The oil giants engaged in "public deception campaigns designed to obscure the connection between their products and global warming and the environmental, physical, social, and economic consequences flowing from it," the lawsuit alleges.
In his majority opinion, Chief Justice Mark Recktenwald wrote that Big Oil's attempt to toss the lawsuit on the grounds that it is "another in a long line of lawsuits seeking to regulate interstate and international greenhouse gas emissions" fell short because the suit "does not seek to regulate emissions and does not seek damages for interstate emissions."
"Rather, plaintiffs' complaint 'clearly seeks to challenge the promotion and sale of fossil-fuel products without warning and abetted by a sophisticated disinformation campaign,'" Recktenwald wrote. "This case concerns torts committed in Hawaii that caused alleged injuries in Hawaii. Thus, defendants' arguments on appeal fail."
Matthew Gonser, executive director of Honolulu's Office of Climate Change, Sustainability, and Resiliency, applauded the court's decision in a statement and pledged to "continue pursuing this case in the trial court where we filed it three and half years ago, and where discovery can now begin in earnest."
"This is a good day for advancing our efforts to help Honolulu survive the costs and consequences of the climate crisis," said Gonser.
The Hawaii Supreme Court began hearing Big Oil's arguments for dismissing the Honolulu suit back in August, shortly after wildfires ravaged the town of Lahaina on the island of Maui, killing at least 97 people. Scientists argued the climate crisis helped create the dry conditions that allowed the fires to spread with catastrophic speed.
Maui County is suing Big Oil along with Honolulu and dozens of other cities, counties, and states across the U.S.
In September, the state of California became the largest economy in the world to take legal action against the fossil fuel industry, accusing it of an "ongoing campaign to seek endless profits at the expense of our planet."
While oil and gas company profits have declined this year compared to last year's record-shattering windfalls, they began to trend upward again in the third quarter of 2023. Exxon and Chevron—both of which recently agreed to acquire two of their smaller competitors—posted profit increases of 15% and 8.5% respectively in the third quarter compared to the previous three months.
On Tuesday, BP announced $3.29 billion in third-quarter profits, up from $2.6 billion in the second quarter.
"As the United States comes off a summer of dangerous, record-breaking extreme heat, Americans are paying the price for climate disasters while Big Oil CEOs are lining their pockets," Cassidy DiPaola, campaign manager for Fossil Free Media, said in a statement. "Big Oil's rapidly growing profits and fossil fuel expansion jeopardizes a livable future for all and the health of our democracy."
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Maui-Bound Biden Urged to Back Hawaiian Cases Against Big Oil, Declare Climate Emergency
"President Biden should unequivocally voice his support for the people of Maui and Honolulu in their efforts to put fossil fuel companies on trial for their climate deception and make polluters pay," said one activist.
Aug 18, 2023
As President Joe Biden prepares to visit Maui next week amid Hawaiian wildfires that have prompted a federal disaster declaration, he faces fresh calls to declare a national climate emergency and support a pair of local lawsuits against the planet-wrecking fossil fuel industry.
The lawsuits against Big Oil were filed in 2020 by Oahu's City and County of Honolulu as well as Maui County—where a fire last week killed at least 111 people, caused over $5 billion in damage, and devastated Lahaina, the former capital of the Hawaiian Kingdom. Both complaints highlight how rising global temperatures are making fires on the islands worse.
"Hawaii communities are on the frontlines of the fight to hold Big Oil companies accountable for knowingly increasing the risks of deadly wildfires and other climate disasters," Richard Wiles, president of the Center for Climate Integrity (CCI), said Friday. "President Biden should unequivocally voice his support for the people of Maui and Honolulu in their efforts to put fossil fuel companies on trial for their climate deception and make polluters pay for the damage they have caused."
The Supreme Court of Hawaii on Thursday heard oral arguments for the fossil fuel industry's attempts to dismiss the Honolulu case. After the hearing, Matthew Gonser, chief resilience officer and executive director of Honolulu's Office of Climate Change, Sustainability, and Resiliency, said: "We appreciate today's thorough inquiry and remain confident in the strength of our case. We look forward to the court's forthcoming decision as we continue to litigate the case and move toward trial."
Just ahead of the hearing, CCI declared that "the deadly fires in Maui underscore how urgent it is to make polluters pay for fueling the climate crisis," and "the people of Honolulu and Maui deserve their day to put Big Oil on trial."
Wiles added Friday that "simply connecting the deadly Maui fires and other recent disasters to climate change is not enough; it's time for President Biden to make clear to the American people that the oil and gas industry must be held accountable for their lies and pollution that continue to fuel the climate crisis."
Whether Biden will take a position on the Hawaiian climate cases is hard to predict, given his administration's mixed messages on such litigation. While the U.S. Department of Justice in March backed Colorado communities suing Big Oil, the DOJ has also recently claimed in a federal court filing for the youth-led case Juliana v. United States that "there is no constitutional right to a stable climate system."
The president and First Lady Jill Biden are scheduled to visit Maui on Monday. According to the White House, the Bidens "will be welcomed by state and local leaders to see firsthand the impacts of the wildfires and the devastating loss of life and land that has occurred on the island, as well as discuss the next steps in the recovery effort."
The historic blaze that spread rapidly because of winds from Hurricane Dora and ultimately leveled Lahaina has sparked national conversations about the climate emergency. Scientists have long warned that producing planet-heating emissions with human activities like fossil fuel use will make fires and hurricanes more devastating.
The wreckage and early assessments of what rebuilding requires have also generated fears among locals about more exploitation from rich outsiders—continuing a long trend in the Hawaiian Islands, which were annexed by the United States in 1898 and became the 50th state in 1959.
Kaniela Ing, national director of the Green New Deal Network and a seventh-generation Kanaka Maoli (Native Hawaiian) from Maui, wrote Thursday for TIME that "it felt like Goddess Papahānaumoku—Earth Mother, herself—raging at humanity's hubris. The disturbing silence left by the missing and the mourned souls tells of a disaster that's unnatural, shaped by the human hand—a byproduct of the dangerous dance between climate change and centuries of colonial greed."
"My greatest fear is that this trajectory of exploitation will continue in the recovery from the Maui wildfires," he continued. "As whispers of reshaping Lahaina emerge, with wealthy developers eager to mold it to their vision, our generation's vision for social and environmental justice grows even firmer. Our recovery from the wildfires can't just be about combating climate change—it has to be about returning control of our cherished lands to the people who hold them dear."
"At the national level, it's past time for President Biden to officially recognize the climate crisis by declaring a climate emergency," added Ing, a former state legislator. "This would enable him to halt the destructive fossil fuel production driving these disasters. Furthermore, substantial federal investments on the scale of trillions are required to prevent catastrophes like this one in the future and prioritize the welfare of working families in mitigation and recovery efforts."
The Hawaiian fires are part of a summer of unprecedented heat that scientists already concluded "would have been virtually impossible" without the burning of fossil fuels—conditions that have inspired other demands for a climate emergency declaration.
The Center for Biological Diversity last year released a report detailing all that Biden could do if the heeded those calls. Report co-author Jean Su said at the time that "declaring a climate emergency isn't a catchphrase, it's a vital suite of actions to protect people and the planet from this crisis."
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Amid Maui Fire Devastation, Big Oil Tries to Kill Hawaii Climate Lawsuit
"The people of Honolulu and Maui deserve their day to put Big Oil on trial," said the Center for Climate Integrity.
Aug 17, 2023
As the Hawaiian island of Maui is reeling from the deadliest U.S. wildfire in over a century, the Hawaii Supreme Court on Thursday is set to hear fossil fuel giants' request to dismiss a climate liability lawsuit filed by the City and County of Honolulu on Oahu.
Honolulu leaders sued companies including Chevron, ExxonMobil, Shell, and Sunono in March 2020. Just seven months later, Maui County followed suit, launching a case against those and other Big Oil firms. Both complaints mention worsening wildfires.
"The average air temperature in the city is currently warming at a rate that is approximately four times faster than the warming rate 50 years ago," the Honolulu complaint states. "Warming air temperatures have led to heatwaves, expanded pathogen and invasive species ranges, thermal stress for native flora and fauna, increased electricity demand, increased occurrence and intensity of wildfire, threats to human health such as from heat stroke and dehydration, and decreased water supply due to increased evaporation and demand."
The Maui filing explains that "wildfires are becoming more frequent, intense, and destructive in the county. As climate changes, stronger El Niño events become more frequent. El Niños alter Hawaii's weather patterns, bringing wetter summers which in turn provide prime conditions for fast-growing grasses and invasive species, followed by prolonged periods of drought and hotter average temperatures, which desiccate vegetation thereby increasing the fuel available for fires."
"The county's fire 'season' now runs year-round, rather than only a few months of the year," the 2020 document adds. "In 2019, called the 'year of fire' on Maui, 26,000 acres burned in the County—more than six times the total area burned in 2018."
Three years after the filings, the Northern Hemisphere is enduring a summer of unprecedented heat that scientists say "would have been virtually impossible" without the burning of fossil fuels, and Lahaina, the former capital of the Hawaiian Kingdom, was leveled last week in a Maui County fire that killed at least 106 people—a death toll expected to rise, with over 1,000 missing—and caused over $5 billion in damage.
Denise Antolini, a retired University of Hawaii law professor and supporter of the plaintiffs, toldThe Guardian that the fires affecting the 50th U.S. state "underscore the importance" of climate liability suits, which seek damages from fossil fuel giants.
The Honolulu case calls out the companies for "their introduction of fossil fuel products into the stream of commerce knowing, but failing to warn of, the threats posed to the world's climate; their wrongful promotion of their fossil fuel products and concealment of known hazards associated with the use of those products; their public deception campaigns designed to obscure the connection between their products and global warming and the environmental, physical, social, and economic consequences flowing from it; and their failure to pursue less hazardous alternatives."
Antolini said that "if the truth had been known about climate change, if the truth had been allowed to be known by Big Oil, Hawaii might have had a different future," telling the newspaper that while the climate emergency isn't the sole cause of this summer's fires, it "set the table" for the destruction.
Thursday's hearing before the state Supreme Court "is an incredibly important milestone in the case because it determines whether or not the case will proceed to discovery, to further motions, and to trial," she added. "So it's a go or no-go point."
The high court's hearing for the Honolulu case is scheduled to begin at 10:00 am local time and will be livestreamed on YouTube.
"The deadly fires in Maui underscore how urgent it is to make polluters pay for fueling the climate crisis," the Center for Climate Integrity (CCI) said Thursday. "The people of Honolulu and Maui deserve their day to put Big Oil on trial."
As for the Maui case, Emily Sanders, CCI's editorial lead, wrote for ExxonKnews on Tuesday:
Maui spent years defeating the industry's numerous attempts to move the case out of state court, where it was originally filed. The county is now awaiting a decision from a judge that could make it the third community—after Honolulu and Massachusetts—to enter the pretrial phase of a climate accountability lawsuit against Big Oil. That means the people of Maui would be one step closer to their rightful day in court to hold fossil fuel companies accountable.
Another ongoing Hawaiian climate case was launched last year by youth from the islands of Hawaii, Kauai, Maui, Molokai, and Oahu against the Hawaii Department of Transportation and its director, the governor, and the state.
"While in many ways Hawaii has been a leader in recognizing and setting goals to address the climate emergency, progress is slow because of the unconstitutional, and uncooperative, actions of the state Department of Transportation," said Andrea Rodgers, senior litigation attorney at Our Children's Trust and co-counsel for the youth plaintiffs, at the time.
Our Children's Trust also represents youth plaintiffs for a similar constitutional climate case in which a Montana judge on Monday sided with 16 young residents who claimed that the state violated their rights by promoting fossil fuel extraction. Julia Olson, founder of the nonprofit law firm, called the ruling "a game-changer that marks a turning point in this generation's efforts to save the planet from the devastating effects of human-caused climate chaos."
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