California once epitomized environmental excess, but Hawaii now claims that title. Located 2,400 miles from the West Coast, Hawaii lacks its own oil resources and relies on imports for its vital tourism sector and daily operations. Yet, Hawaii is aggressively suing energy companies for alleged climate change damages. This legal battle is led by Hawaii Attorney General Anne Lopez, alongside Honolulu and Maui, pursuing billions in claims.
These lawsuits highlight political issues within Hawaii’s legal system, prompting calls for federal scrutiny. One significant point is the exclusion of Par Pacific, Hawaii’s main gasoline and jet fuel supplier, from the lawsuits. Records show that Par Pacific executives have financially supported state Democratic leaders, including Governor Josh Green. According to Hawaii’s legal arguments, local energy manufacturers and users contribute significantly to the state’s environmental issues.
Other blue jurisdictions have dismissed similar cases, affirming that federal entities govern interstate and international emissions standards. Substantial connections between Hawaii judges and environmental law groups like the Environmental Law Institute (ELI) cast doubt on judicial impartiality. The ELI shares connections with Sher Edling LLP, representing Honolulu in these lawsuits. Despite potential biases, Chief Justice Mark Recktenwald led a favorable ruling for the plaintiffs. His colleague’s concurrence suggested a U.S. Supreme Court decision favoring Hawaiian sentiment, regardless of federal law.
Following the Hawaii Supreme Court’s decision to proceed with the Honolulu case, the lower state court has permitted extensive discovery. This serves a larger anti-energy campaign, with 30 similar cases questioning if state claims against energy companies belong in federal or state courts. The Supreme Court’s consideration of Suncor Energy v. Boulder County may redefine these lawsuits’ legal grounding.
Outside Hawaii, courts in California and New Jersey have paused similar cases, anticipating Supreme Court decisions. The high court receives numerous petitions but selects only a few for hearing. If it hears a case, it could set new standards or negate certain claims.
Honolulu is hastily collecting extensive documents and testimonies before any possible Supreme Court decision that might invalidate the basis of these lawsuits. A special master requires energy companies to provide documents spanning 75 years. Despite the cost and effort, these documents won’t prove consumer deception. People have long been aware of climate change but continue using fossil fuels extensively.
Additional climate change information might aid understanding but doesn’t deter global energy demands. People need energy for cooling, powering devices, and travel, including vacations in Hawaii. This scenario raises questions about Hawaii’s future stance on its travel sector’s reliance on fossil fuels.
Michael Toth, director of research at the Civitas Institute, and John Yoo, a professor at the University of California, Berkeley, contributed to these insights. John Yoo is also a distinguished visiting scholar at the Civitas Institute, University of Texas at Austin, and a nonresident senior fellow at the American Enterprise Institute.