County of Maui v. Chevron USA Inc.

The Ninth Circuit granted fossil fuel companies’ motion to extend their time for filing opening briefs in their appeals of remand orders in cases brought by the County of Maui and the City and County of Honolulu. The parties agreed that the deadline for opening briefs should be extended to July 19, 2021 because the Supreme Court’s decision in Baltimore would determine the scope of issues before the Ninth Circuit.

Fossil fuel companies appealing the District of Hawaii’s remand order in cases brought by the City and County of Honolulu and the County of Maui asked the Ninth Circuit for a 60-day extension of time in which to file their opening brief. They sought the extension to allow them to address the Supreme Court’s forthcoming decision in BP p.l.c. v. Mayor & City Council of Baltimore, which the companies said would determine whether the defendants were limited to contesting only the district court’s rejection of jurisdiction under the federal-officer removal statute. Maui and Honolulu oppose the extension request.

The Ninth Circuit Court of Appeals denied fossil fuel companies’ emergency motions for stay pending appeal of a district court order remanding cases brought by the City and County of Honolulu and the County of Maui seeking climate change damages. The Ninth Circuit found that the companies failed to establish irreparable injury with arguments regarding increased litigation burdens, possible inefficiencies, and the possibility that a state court could “irrevocably” adjudicate the plaintiffs’ claims while the appeals were pending. The Ninth Circuit also found that the companies did not make a sufficient showing on the merits, given the Ninth Circuit’s decisions in County of San Mateo v. Chevron Corp. and City of Oakland v. BP p.l.c.