Cruise Lines International Association, Inc. v. Suganuma

A lawsuit filed in the federal district court for the District of Hawai‘i challenged a state law establishing a “climate impact fee” or “Green Fee” to be imposed on cruise ships that call at Hawai‘i ports. The law—Act 96—authorizes surcharges on cruise ship fares by the State and individual counties, requires payment of registration fees, and requires disclosure of information about the law on cruise ships and in advertisements. The complaint alleged that the funds collected are to be used for “diverse projects focusing on environmental stewardship, climate resilience, and sustainable tourism” The plaintiffs are a not-for-profit entity representing the cruise companies, a company that supplies and services cruise ships, and two Hawai‘i tourist businesses. They allege that the registration fees and the surcharges on cruise ship fares constitute impermissible “duties of tonnage” under the Constitution’s Tonnage Clause, which provides that “[n]o State shall, without the Consent of Congress, lay any Duty of Tonnage.” They also allege the registration fees and surcharges are preempted by and violate the Rivers and Harbors Act, and that the disclosure requirements constitute compelled speech in violation of the First Amendment.