On May 1, 2024, the City and County of Honolulu and the Honolulu Board of Water Supply (Honolulu) filed their brief responding to fossil fuel companies’ petitions for writ of certiorari seeking U.S. Supreme Court review of the Hawai‘i Supreme Court’s decision affirming the denial of the companies’ motions to dismiss Honolulu’s climate change case. Honolulu alleges that the defendants’ concealment and promotion of false and misleading information about their products’ contribution to climate change caused climate-related impacts. In the brief opposing certiorari, Honolulu first argued that the Court lacked jurisdiction to review the Hawai‘i Supreme Court’s interlocutory decision, which did not satisfy any exception to the statutory provision making certiorari review of state high court decisions available only from final judgments or decrees. Honolulu argued that even if the Court had jurisdiction, the petitions did not identify a “cert-worthy split” because the cases identified by the companies as conflicting, including the Second Circuit’s decision in City of New York v. Chevron Corp., involved imposition of liability based on emissions, while Honolulu’s case sought to impose liability based on the defendants’ failures to warn, failures to disclose, and deceptive marketing regarding their products. In addition, Honolulu argued that denying certiorari was appropriate because the decision below correctly rejected preemption defenses based on federal common law and “constitutional structure,” on the Clean Air Act, and on interference with federal authority over foreign affairs. Honolulu also contended that even if the Court had jurisdiction to review, the interlocutory decision was a “particularly poor vehicle for considering petitioners’ preemption defenses” because of the lack of finality. Honolulu argued that “benefits of percolation weigh heavily in favor of denying certiorari” because multiple state courts were evaluating the preemption defenses and the Court had recognized that the “collective wisdom” of lower courts was especially important when certiorari petitions raise issues of first impression. 

Lawsuit seeking damages and other relief from fossil fuel companies for alleged conduct that the City and County of Honolulu contends actually and proximately caused climate change impacts.

Sunoco LP v. City & County of Honolulu

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Honolulu Urged Supreme Court to Deny Fossil Fuel Companies’ Request for Review of Hawai‘i Supreme Court Decision Allowing Climate Deception and Failure to Warn Claims to Proceed

Filed

United States of America

Hawaii

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Honolulu Urged Supreme Court to Deny Fossil Fuel Companies’ Request for Review of Hawai‘i Supreme Court Decision Allowing Climate Deception and Failure to Warn Claims to Proceed

Policy instrument

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector