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.
