The United States Supreme Court recently declined to hear the appeals of several oil companies contesting a negligence lawsuit initiated by Hawaii municipalities. The significant decision leaves in place previous rulings that support the lawsuits’ progression under state tort law. According to a court order, SCOTUS refused the oil companies’ appeals, dismissing claims that the lawsuit infringes upon the US Constitution’s separation of powers and contravenes federal common law.
The lawsuits, primarily led by Sunoco and Shell, assert that the State of Hawaii exceeded its authority by applying state tort law to issues related to greenhouse gas emissions. The companies argued that such emissions, being a matter of international concern, should fall under federal jurisdiction. They cited previous case law, including the precedent set by the City of New York v. Chevron Corp, where state tort law was deemed inapplicable to governing greenhouse gas emissions that are inherently federal matters.
The companies further referenced the case of International Paper Co. v. Ouellette, highlighting the stipulation that cross-border emissions claims must be addressed in the state from which the emissions originated. This position was rooted in the assertion that existing federal and international regulations are sufficient for managing greenhouse gas emissions.
The Hawaii municipalities, however, counter-argued that the case does not seek to address emissions as such, but rather focuses on alleged negligence by the oil companies, including allegations of misinformation campaigns and failure to warn about the impacts of emissions. Per their filing, these actions separate their lawsuit from previous cases that were dismissed under similar claims.
The lawsuit follows a decision by the Hawaii Supreme Court, which permitted the application of state tort law against greenhouse gas emitters, ruling that federal environmental legislation did not pre-empt such legal actions. The decision underscored a belief that the case, brought by Honolulu and joined by other municipalities, was a tort claim rather than a regulatory enforcement action.
As the oil companies’ challenge to the Supreme Court ruling was rebuffed, the lawsuits will now return to Hawaii’s state courts for consideration. Visit JURIST for more details on the unfolding developments.