US Supreme Court Allows Honolulu Climate Lawsuit to Proceed

Facts

• The US Supreme Court (SCOTUS) on Monday rejected appeals from fossil fuel companies attempting to dismiss Honolulu's lawsuit related to climate change. The case will proceed in Hawaii state court.^[1][2]
• The city and county of Honolulu, as well as its Board of Water Supply, filed the lawsuit in March 2020 against major companies, including Sunoco, Shell, ExxonMobil, Chevron, and BP, seeking billions in damages for climate change impacts.^[1][3]
• In the lawsuit, Honolulu decided to focus on allegedly deceptive marketing and public statements by oil companies rather than physical impacts of climate change. The municipality claims the companies misled the public about fossil fuel dangers.^[1][2]
• Hawaii's Supreme Court ruled in October 2023 that the case could proceed, determining that the lawsuit didn't interfere with federal law since it addressed marketing conduct rather than emissions regulation.^[2]
• The oil companies unsuccessfully attempted to move the case to federal court, arguing that greenhouse gas emissions involve federal jurisdiction and interstate pollution regulations, including the Clean Air Act.^[1][4]
• The Biden administration urged the Supreme Court to stay out of the dispute.^[1][5]

Sources: ^[1]CBS, ^[2]NBC, ^[3]Reuters, ^[4]Bloomberg, ^[5]Raw Story.

Narratives

• Left narrative, as provided by The Guardian and Common Dreams. This a great victory for the environmentally-conscious plaintiffs in this case and the dozens across the US who are suing to hold the fossil fuel industry accountable for its deception and destruction. The lengths the companies are going to try to keep this case out of the courts just adds to its legitimacy and the urgency with which the courts should handle it.
• Right narrative, as provided by The Wall Street Journal and The Federalist Society. This was a disappointing decision by SCOTUS, but this case still seems destined to fail. Beyond the preposterous claims of the case, it also threatens two pillars of the US government — federalism and the separation of powers — because states can't regulate activity outside of their borders and Congress is responsible for regulating interstate commerce.