USA: Honolulu's climate lawsuit against fossil fuel companies for allegedly deceiving the public about climate change can go to trial, rules Hawaii Supreme Court
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Richie Chan, Canva
"Honolulu climate case against oil cos can go to trial -Hawaii top court", 1 Nov 2023
Hawaii's highest court has allowed a lawsuit by Honolulu accusing fossil fuel companies, including Chevron Corp, Exxon Mobil Corp and Shell Plc, of deceiving the public about climate change to go ahead to trial.
In a unanimous opinion...the Hawaii Supreme Court rejected the companies' argument that the lawsuit seeks to regulate emissions or interstate commerce, powers reserved for the federal government.
It said the case instead focused on allegedly misleading statements the companies made, which Honolulu claims led to climate change-caused property and infrastructure damage.
"This case concerns torts committed in Hawaii that caused alleged injuries in Hawaii," Chief Justice Mark Recktenwald wrote for the court...
"We decline to unduly limit Hawaii's ability to use its police powers to protect its citizens from alleged deceptive marketing," the judge wrote.
"This is a good day for advancing our efforts to help Honolulu survive the costs and consequences of the climate crisis," Matthew Gonser, executive director of Honolulu's Office of Climate Change, Sustainability and Resiliency, said...
Chevron said...that it disagreed with the decision...
"We do not believe the courtroom is the right venue to address climate change," Shell said...
...BP, Sunoco and ConocoPhillips, declined to comment. Exxon did not immediately respond to a request for comment.
In its lawsuit, filed in 2020, Honolulu said that the companies knew...that burning fossil fuels would lead to climate change, but worked to conceal that fact from the public...
The defendants tried to move the case to federal court but were rebuffed by the U.S. Supreme Court in April...
None of the lawsuits brought by local governments over climate change has yet gone to trial.
The case is City and County of Honolulu v. Sunoco LP, Hawaii Supreme Court, No. SCAP-22-0000429...