County of Maui v. Sunoco LP

On October 12, 20201, the County of Maui filed a lawsuit in Hawai‘i Circuit Court against fossil fuel companies seeking to hold them liable for climate change impacts. In its complaint, Maui alleged that the defendant companies were “directly responsible for the substantial increase in all CO2 emissions between 1965 and the present” and that but for the defendants’ participation in “denialist campaigns” to mislead the public about the role of their products in causing climate change, the impacts of climate change “would have been substantially mitigated or eliminated altogether.” The adverse climate change impacts alleged to affect Maui include sea level rise and related flooding, inundation, erosion, and beach lose; extreme weather; ocean warming and acidification; increasingly scarce freshwater supplies; loss of habitat for endemic species; and social and economic consequences of these environmental changes. Maui asserted causes of action for public nuisance, private nuisance, strict liability failure to warn, negligent failure to warn, and trespass. The complaint asked the court for compensatory damages, equitable relief, attorneys’ fees, punitive damages, disgorgement of profits, and costs of suit.