Supreme Court Shows Interest in Hawaii's Climate Change Lawsuit Against Big Oil Companies
ICARO Media Group
In a significant development, the Supreme Court has indicated its interest in considering a legal challenge brought by Hawaii against major oil companies, holding them accountable for their role in climate change. Democrats have raised concerns about the court's impartiality, suggesting it may be influenced by the fossil fuel industry.
On Monday, the Supreme Court requested the Justice Department's input on a petition from the City of Honolulu, which is suing fuel giants such as Sunoco, Exxon, and Chevron. The city claims that these companies' products contribute to greenhouse gas emissions and global warming, without adequately warning consumers of the associated risks. Honolulu has invoked state laws related to public nuisance and trespass, seeking billions of dollars from the oil companies to mitigate the effects of climate change, including extreme weather events, rising sea levels, heatwaves, flooding, and general global warming.
The Supreme Court's request to the Justice Department indicates a strong possibility that the court intends to hear the case, although no specific deadline was provided. The energy companies first appealed the lawsuit to the Hawaii Supreme Court, arguing that federal law prevents individual states from shaping energy policies for the entire nation. However, the Hawaii Supreme Court disagreed and ruled that the case should proceed to trial, with one justice citing the "Aloha Spirit" as an inspiration for their constitutional interpretation.
Legal counsel for Chevron Corporation, Theodore J. Boutrous Jr., expressed the importance of the U.S. Supreme Court reviewing the case, stating that the Hawaii Supreme Court's decision contradicts established federal precedent and previous federal circuit court rulings.
While some Democrats and liberal advocates have criticized the Supreme Court, accusing it of being influenced by the fossil fuel industry, conservative groups such as the Federalist Society have discussed the case in seminars and publications, advocating for the court to take it up. It has also been reported that the Hawaii litigation has been supported by liberal dark money groups and legal partners.
The Hawaii Supreme Court Chief Justice, Mark Recktenwald, in his opinion rejecting the energy companies' arguments, stated that the defendants were aware of the dangers associated with their fossil fuel products and intentionally concealed and misrepresented the climate impacts. He further accused the companies of engaging in disinformation campaigns to cast doubt on the science of global warming, resulting in increased fossil fuel consumption and greenhouse gas emissions, which in turn caused damage to property and infrastructure in Honolulu.
It was discovered last year that Chief Justice Recktenwald had participated in a course organized by the Environmental Law Institute (ELI), a judicial advocacy organization funded by left-wing nonprofits, specifically the Climate Judiciary Project. The ELI aims to educate judges on how to handle climate change litigation, as it becomes a more prevalent issue in courts.
Representing Hawaii in the Supreme Court, the law firm Sher Edling, LLP, has worked on numerous climate-nuisance cases for cities and states nationwide. Reports suggest that the firm received $2.5 million in funding from The New Venture Fund, a liberal dark-money firm called Arabella Advisors. Additionally, Sher Edling, LLP and ELI share personnel, with former Biden administration official Ann Carlson serving on ELI's board while consulting for Sher Edling on climate litigation.
Critics of these climate change lawsuits argue that they are part of a coordinated effort fueled by left-wing dark money. O.H. Skinner, executive director of the Alliance for Consumers, has raised concerns about the threat these cases pose to everyday consumers and accused supporters like Senator Sheldon Whitehouse of hypocrisy for backing such lawsuits while decrying dark money influence.
It remains to be seen how the Supreme Court will ultimately rule on the Hawaii climate change lawsuit, but this recent development indicates a significant interest from the highest court in the land to address the legal implications of the fossil fuel industry's impact on climate change.