Sunoco v. Honolulu & Shell v. Honolulu (Docket 23-947 & 23-952) is a case pending certiorari before the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
.
It is a
tort law
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with crime ...
case related to whether
federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a country has a central government as well as regional governments, such as subnational states or provinces, each with constituti ...
prohibits
state-law claims for compensation for the effects that
Greenhouse-gas emissions
Greenhouse gas (GHG) emissions from human activities intensify the greenhouse effect. This contributes to climate change. Carbon dioxide (), from burning fossil fuels such as coal, oil, and natural gas, is the main cause of climate change. The ...
has on global climate. It is a landmark
Supreme Court of Hawaii
The Supreme Court of Hawaii is the highest court of the State of Hawaii in the United States. Its decisions are binding on all other courts of the Hawaii State Judiciary. The principal purpose of the Supreme Court is to review the decisions ...
case that held that state-law provides the jurisdiction for claims against oil and gas producers.
Background and Lower Courts ruling
The
City and County of Honolulu
Honolulu County (), officially known as the City and County of Honolulu (formerly ''Oahu County''), is a consolidated city-county in the U.S. state of Hawaii, one of five counties in the state. The city-county includes both Urban Honolulu ( ...
brought suit against a group of
oil and gas companies
The petroleum industry, also known as the oil industry, includes the global processes of exploration, extraction, refining, transportation (often by oil tankers and pipelines), and marketing of petroleum products. The largest volume products ...
in 2021, alleging that these companies failed to take the adequate steps to warn the state of the potential consequences that arose from their business practices on the global climate.
[{{Cite web , title=Lower courts opinion for the Sunoco v. Hawaii (2024) , url=https://www.supremecourt.gov/DocketPDF/23/23-947/295522/20240111154228122_Appendix.pdf , website=Supreme Court of the United States]
In response to the suit, these companies moved to dismiss the suit for failing to state a claim in the
Hawaii state circuit court of the first circuit. The companies argued that the state essentially sought to "regulate global fossil fuel emissions", characterising it as "de facto regulation" and the push forward the claim that federal common law pre-empts this case. Whereas, the state rebuts by stating that under tort law, these companies had a "''duty'' to disclose and not be deceptive about the dangers of fossil fuel emissions, and ''breached'' those duties". Ultimately, the court rejected the companies arguments, stating that the state's case was more accurate and rejects the companies claim that this was a broad claim on all damages from climate change, but rather the damages caused by the companies in violation of Hawaii's state law.
This was further appealed to the Supreme Court of Hawaii. On October 31, 2023, the Supreme Court of Hawaii similarly rejected the oil and gas companies argument that this case should be brought under federal law and can proceed under Hawaii's state law.
Supreme Court of the United States
On February 29, 2024, a writ of Certiorari was filed in the Supreme Court of the United States, seeking review in this case.
References
United States Supreme Court cases
United States tort case law
Climate change litigation