WASHINGTON, D.C. — The U.S. Supreme Court on Monday requested the U.S. Solicitor General’s opinion on a petition by ExxonMobil Corp., Chevron, and other fossil fuel companies seeking to end a climate change-related damages suit brought by Honolulu. The request suggests the justices’ willingness to take a closer look at the case after previously avoiding climate torts filed under state law by state and local governments. Justice Samuel Alito did not participate in the consideration.
The companies argue that state law cannot regulate global greenhouse gas emissions and criticize the Hawaii Supreme Court for ignoring the Second Circuit’s April 2021 dismissal of New York City’s climate change suit, which deemed such claims a matter of federal law.
Honolulu counters that its lawsuit focuses solely on state tort law claims for concealing and misrepresenting climate-change impacts, which fall under the states’ historic powers and core interests. The city’s suit, filed in 2020, was initially removed to federal court but was remanded back to state court after the U.S. Supreme Court declined to review the Ninth Circuit’s decision.
