Noting that it was not writing on a “blank slate” and citing its earlier decision in County of San Mateo v. Chevron Corp. as well as decisions of the First, Fourth, and Tenth Circuits, the Ninth Circuit Court of Appeals found that fossil fuel company defendants could not show federal jurisdiction in climate change lawsuits brought by the City and County of Honolulu and the County of Maui. The Ninth Circuit therefore affirmed the remand of the cases to state court. At issue in these appeals were jurisdiction under the federal-officer removal statute, federal enclave jurisdiction, and jurisdiction under the Outer Continental Shelf Lands Act (OCSLA). Regarding federal-officer removal jurisdiction, the Ninth Circuit rejected arguments that the defendants acted under federal officers in connection with production of oil and gas under the Defense Production Act, when they repaid offshore oil leases in kind and contracted with the government to operate the Strategic Petroleum Reserve, when they conducted offshore oil operations, or when they operated the Elk Hills oil reserve. The Ninth Circuit further found that even if the defendants did operate under a federal officer, they failed to cite federal defenses that stemmed from official duties and were colorable. Regarding federal enclave jurisdiction, the Ninth Circuit said the defendants’ oil and gas operations on federal enclaves were too remote from the plaintiffs’ asserted injuries (i.e., climate change harms arising from the defendants’ allegedly deceptive conduct). Regarding OCSLA jurisdiction, the Ninth Circuit found that the companies’ exploration, development, and production on the Outer Continental Shelf was “too attenuated and remote” from the plaintiffs’ alleged injuries. The court said ruling for the defendants would “dramatically expand” OCSLA’s scope and lead to “unstable” results.

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.

City & County of Honolulu v. Sunoco LP

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Ninth Circuit Affirmed Remand Orders in Honolulu and Maui Cases

Filed

United States of America

Hawaii

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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.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

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

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

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

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.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

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

This sector involves the wholesale and retail selling of goods.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Ninth Circuit Affirmed Remand Orders in Honolulu and Maui Cases

Risk

Fossil fuel

Economic sector

Finance