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.

Challenge to Hawai‘i law establishing a “climate impact fee” or “Green Fee” to be imposed on cruise ships that call at Hawai‘i ports and imposing related registration and disclosure requirements.

Cruise Lines International Association, Inc. v. Suganuma

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Cruise Industry and Related Businesses Challenged Hawai‘i Climate Impact Fee

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

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Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A tax advantage is a fiscal incentive where the government reduces or exempts selected activities, goods or actors from taxes.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

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Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the wholesale and retail selling of goods.

This sector involves activities to move goods and people, alongside the storage of products.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

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Cruise Industry and Related Businesses Challenged Hawai‘i Climate Impact Fee

Policy instrument

Risk

Economic sector

Adaptation/resilience

Finance