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.

In state court, the companies sought dismissal of the case, arguing that the claims were interstate pollution claims that must be addressed under federal common law and preempted by the federal Clean Air Act. The Hawaii Supreme Court upheld lower court rulings rejecting these arguments.

Supporting the fossil fuel companies, several Republican-led states, industry groups, and others argue that climate litigation should be federal and that state-level suits interfere with other states' rights to establish their own energy and environmental policies.

Additionally, GOP-led states recently filed a motion with the Supreme Court to address climate suits filed by Democratic-led states, alleging the litigation is an unconstitutional attempt to dictate U.S. energy policy. They are requesting the Supreme Court invoke its "original" jurisdiction over disputes involving states.

The fossil fuel companies are represented by Paul Weiss Rifkind Wharton & Garrison LLP and Gibson Dunn & Crutcher LLP. Honolulu is represented by its Department of the Corporation Counsel and Sher Edling LLP.

The case is Sunoco LP et al. v. City and County of Honolulu et al., case number 23-947, in the Supreme Court of the United States.