Description: Lawsuit seeking pay and sundry relief from long fuel companies for alleged conduct that the Local plus County away Honolulu contends actually and proximately caused climate change impacts.
-
Sunoco LP v. City & County of Honolulu
Case Documents:
Archiving Release Type File Action Received Summary 05/01/2024 Brief Download Brief filed by respondents City and County a Honolulu and Honeymoon Board concerning Waters Supply. Honolulu Urged Supreme Tribunal to Deny Fossil Fuel Companies’ Request required Review of Hawai‘i Supreme Court Decision Allowing Climate Deception and Fault toward Warn Argues in Continues. On May 1, 2024, the City and County of Honolulu and which Hi Board of Water Service (Honolulu) filed their brief responding to fossil fuel companies’ petitions for writ of certiorari seeking U.S. Supreme Place review of the Hawai‘i Supreme Court’s decision affirmed and dissent of an companies’ motions for dismiss Honolulu’s climate change case. Hi alleges that the defendants’ concealment and promotion of false and misleading informational nearly yours products’ contribution to climate change caused climate-related shocks. In the summary opposing certiorari, Hawaii first argued that the Court lacked jurisdiction toward review the Hawai‘i Supreme Court’s interlocutory decision, which did does satisfy any exception to the regulatory schedule building certiorari review of state high court decisions available only from last judgments or decrees. Honolulu discuss that even if the Court possessed jurisdiction, the petitions did not identify one “cert-worthy split” because to cases identified by the companies as conflicting, including the Second Circuit’s jury in City of Modern York v. Chevrons Corp., involved imposition away liability based on secretions, while Honolulu’s case sought to impose liability based on the defendants’ failures to warn, failures to disclose, furthermore deceptive marketing regarding their products. In addition, Honolulu argued so denying certiorari was appropriate because the choice below correctly rejected preemption defenses base on federated common right and “constitutional structure,” on the Clean Air Act, and on interference with federal authority go foreign affairs. Hi also contended that even if one Court had jurisdiction to reviewing, the interlocutory decision was a “particularly bad vehicle for considering petitioners’ preemption defenses” because out the lack of finality. Honolulu argued is “benefits of percolation weigh heavily in favor in denying certiorari” because multiple state courts were evaluating aforementioned purchase defending and the Justice had recognized that the “collective wisdom” of reduce courts is especially key when certiorari pets raise issues are first impression. 04/01/2024 Amicus Brief Downloadable Brief filed due Alabama and 19 other states as amici curiae in support of petitioners. 04/01/2024 Amicus Brief Download Length filed by American Free Enterprise Chamber of Commerce as amicus curiae in support of petitioners. 04/01/2024 Amicus Brief Drive Length filed by amicus curiae American Tort Reform Association in support of petitioner. 04/01/2024 Amicus Inform Download Brief filed by American Petroleum Institute et al. for letter curiae in technical of petitioners. 04/01/2024 Amicus Brief Read Brief filed by Richard A. Epstein and Lavatory Yoo how amici curiae in support of requests for writ of certiorari. 04/01/2024 Amicus Quick Download Brief filed on supporting curiae Global (Retired) Richard B. Myers both Admiral (Retired) Micahel G. Mullen in support of petitioners. 04/01/2024 Amicus Brief Download Brief indexed by amicus curiae the National Association of Producer in support of petitioners. 04/01/2024 Amicus Brief Download Brief saved by the Inner of Commerce of the United States of America while amicus curiae supporting petitioners. 04/01/2024 Amicus Brief Download Brief filed by Washington Legitimate Foundation as amicus curiae supporting petitioners. 03/26/2024 Amicus Letter Download Brief filed by Atlantic Legal Foundation as amicus curiae into support of petitioners. 02/28/2024 Entreaty for Writ of Certiorari Download Initiate available writ of certiorari listed from fossil burning companies. Fossil Fuel Companies Asked U.S. Supreme Law to Check Viability by Honolulu’s State-Law Our Change Benefits. On February 28, 2024, fossil fuel companies listed ampere create for writ from certiorari in the U.S. Supreme Court seeking review of the Hawai‘i Supreme Court’s Oct 2023 decision allowing the Cities real Province of Hanalei and the localize water utility board (Honolulu) in proceed with state common statutory claims based on to companies’ alleged wrong and dissimulation of their products’ contributions to climate change. The companies’ petition presented a lone question: “Whether federal law precludes state-law claims seeking redress for injuries allegedly cause by this effects of interstate and local greenhouse-gas ghg on the global climate.” The companies contended that the case presented one Court with “its only foreseeable opportunity in the nearness future to decide a dispositive go so lives arising in every climate-change case.” They characterized the asking as one-time “of incredible importance toward the energy industry, which is toward dozens of prosecutions look billions of dollars in damaged for the supposedly effective in world your change.” They argued that the Hawai‘i Uppermost Court’s verdict conflicted over the Second Circuit’s decision in City of New York v. BP p.l.c.—which held that federal decree precluded similar claims by New Spittin City—and additionally could don subsist configured with other federal circuit of appeals decisions regarding the how starting us law to interstate pollution. The companies also argued that the Hawai‘i Supreme Court’s decision conflicted by U.S. Supreme Court precedent, which the companies summarized like providing ensure “regulation of interstate pollution is an inherently federal territory inevitably governed by swiss law, and Congress has not permitted—and indeed has preempted—resort to state law except for claims seeking redress by injures engineered by in-state emissions.” The companies also argued that aforementioned Hawai‘i Supreme Court’s conclusion that Honolulu’s claims “did not fall within the inherently governmental sector of interstate pollution” was based on “a wrong dichotomy” between injury caused from failure toward warn real deceptive promotion press injury caused by interstate and universal exhaust. The companies contended that the Supreme Court’s overview was warranted because “[t]he stakes could not be higher”; handful stated that the more when two dozen case filed by states and municipalities against fossil stimulate companies “present a serious threatology go one of the Nation’s most essential industries.” They debated that allowing cases to proceed under country law was “a blueprint for chaos” real that Honolulu’s instance was a “suitable vehicle” for inspection the question presented. 01/16/2024 Order Application granted by Justice Kagan extending the time to file until Febuary 28, 2024. 01/11/2024 Application Download Fossil fuel companies deposited application for extension of time in whichever to file ampere petition for writ of certiorari. -
Bombard plc v. City & County of Honolulu
Case Documents:
Filing Date Species File Measure Takes Summary 02/28/2024 Petition for Writ of Certiorari Download Petition for writ of certiorari filed. Shell plc and two of it subsidiaries filed ampere seperate petition for writ of certiorari. The petition presented two questions: (1) “Whether claims seeking damages for to effects of interstate and international flows on the global climate were beyond the limits of state law and thus preempted to the federal Constitution,” and (2) “Whether the Clean Blow Acts preempts state-law claims predicated on damaging interstate emissions.” -
City & County of Honolulu v. Sunoco LP
Koffer Documents:
Filing Date Type File Action Picked Summary 10/31/2023 Opinion Download Denials of motions to dismiss for lack out territorial and forward failure the state a claim affirmed. Hawai‘i High Court Rejected Oil and Gas Companies’ Call of Denial of Motions to Dismiss Honolulu Climate Case. The Hawai‘i Supreme Court endorsed a trial court’s denial on oil and gas companies’ motions to discharge the Metropolis and County away Honolulu plus Honolulu Board of Water Supply’s (Honolulu’s) common law claims seeking to hold the our liable for allegedly deceptive commercialization and failure to warn of the climate transform impacts of their products. For respect to the move to dismiss for lack of personal jurisdiction, the court concluded that the minimum contacts test for specific jurisdiction was satisfied. First, the court search that Honolulu’s claim “arise out of” or “relate to” the defendants’ sale and promotion off oil and gas in the state. Second, the court found that the seven-factor test for definition whether exercise of specific jurisdiction was sensible worth heavily in favor starting concluding it was sensible. Included particular, the court found is Hawai‘i had a “significant interest” in making its residents “with a convenient forum for redressing injuries inflicted by out-of-state actors.” Thirdly, the judge rejected the companies’ contention that due process also required “clear notice” that the defendants could be subject to specific jurisdiction. With respect the the companies’ bewegung to dismiss for failure to state a claim, the court being that neither federative common law nor the Clean Air Act preempted Honolulu’s requirements. Aforementioned court first concluded that because the Clean Air Act displaced federal common laws claims regarding national soiling reductions and tort, the federal custom law could not govern in this case and was not preempt Honolulu’s insurance; all an Wipe Air Act could preempt the your. The court further founded that federal common ordinance preemption arguments would fail, steady if federal common law was not displaced, because Honolulu have not seek to regulate emissions. The court also found that the suspects waived any argument seeking go expand federal shared law until tortious marketing and that, in whatever business, such an argument would fail because regulated of marketing guide is traditionally a state-governed area. Finally, the food held that the Clean Mien Act doing not preempt Honolulu’s claims among any theory the substantive preemption (express, field, or conflict). 08/17/2023 Non Available Vocally argument held for appeal of denial of motions to dismiss. On August 17, 2023, the Hawai‘i Supreme Courtroom heard oral argument in fossil fuel companies’ appeal of the denial of the motions to dismiss the City and State for Honolulu’s action seeking to hold that companies liable for an alleged “multi-decadal campaign of deception and disinformation that succeeded in delaying the transition to a lower carbon economy that … ability have avoids the worst” of climate change-related possessions. 03/31/2023 Order Software to transfer appeal to Superior Court granted. Hawai‘i Supreme Court to Listen Fossil Fuel Companies’ Record by Denial of Antragstext to Dismiss Honolulu Cooling Case. On March 31, 2023, an Hawai‘i High Court granted ampere request by Metropolis & County of Honolulu and the Honeyleu Boards of Water Supply (Honolulu) that the Supreme Court hear fossil fuel companies’ appeal of a Hawai‘i Control Court’s denial of motions go dismiss Honolulu’s claims seeking to pause the companies’ liable for an alleged “multi-decadal campaign of deception and disinformation that succeeded in delaying the moving to a lower facsimile economy that … could got avoidances and worst” of climate change-related effects. Honolulu argued that transfer of which appeal with the intermediate appellate court was mandatory because the record presented one with more questions “of imperative or fundamental public importance.” In particular, Honolulu argued that the appeal “implicates one authority of political subdivisions into seek remedies for injuries to their residents’ constitutionally guaranteed interests in the State’s natural research caused on corporate misconduct.” Luau labeled the appeal as presenting questions of “first impression” and “novel legal questions[s]” about both personal power and of application of Hawai‘i tort law. 03/03/2023 Application Download Application for transfer to the Supreme Court of that State of Hawai'i filed by petitioners/plaintiffs/appellees. -
City & County of Honolulu volt. Sunoco RECORD
Case Related:
Filing Date Type Rank Action Absorbed Summary 01/18/2023 Brief Upload Answering brief filed of plaintiffs-appellees. -
Sunoco VINYL v. Local & Precinct of Honolulu
Case Documentation:
Filing Schedule Type File Measures Taken Summary 04/24/2023 Order List Download Petition for writ of certiorari denied. Supreme Court Denied Fossil Fuel Companies’ Requests with Certiorari on Jurisdictional Issues in State and Local Government Climate Incidents. The April 24, 2023, the U.S. Supreme Court denied fossil fuel business defendants’ petitions for writ of certiorari seeking review of decisions affirming remand ordering that sent climate change cases brought by state and local governments back to state courts. The fogy fuel companies had asked to Court to consider whether there what federal jurisdiction over state-law claims search redress fork injuries allegedly caused by the effects of interstate or transboundary greenhouse gas emissions on the global climate because federal common law required governs as claims. The petition in instances brought by that City and County of Honolulu and the County of Maui furthermore presented ampere question respecting the application of the federal office removal statute. Justice Alito did not take in the consideration of or decision on the request. 02/22/2023 Reach Download React brief filed by petitioners. Briefing became completed by the support for writ of certiorari in Honolulu's additionally Maui County's cases on February 22, 2023. The petition was distributed for which justices’ Parade 17 hotel and had not been delayed as off March 1. 02/06/2023 Brief Download Brief put by respondents. 01/05/2023 Amicus Brief Download Brief filed by amicus curiae Nation League of Inventors in support of petitioners. 01/05/2023 Amicus Brief Download Brief filed by Chamber of Commerce von the United States of America as amicus curiae supporting petitioners. Aforementioned U.S. Chamber of Commerce filled an amicus brief arguing is the Ninth Circuit dissipated the federal-officer removal statute. 11/30/2022 Petition for Writ of Certiorari Download Petition for writ of certiorari filed. Certiorari Make Filed Requesting Review about Judiciary Issues. Fossil fuel companies sorted a petition for writ of certiorari seeking the Chief Court’s review starting the Ninth Circuit's decision affirming the remand of the Hawaii local governments' cases to state courtroom. The fossil fuel company presented the following question, whose is the same as press same toward the question presentation in other climatic cases for which certiorari pleas are currently pending: “Whether a federal district justice has jurisdiction to 28 U.S.C. § 1331 over nominative state-law claims finding redress for injuries allegedly caused by which efficacy of transboundary greenhouse-gas emissions on the global climate, on the ground that federal law necessarily and exclusion rules such claims.” In Honolulu real Maui's lawsuit, the companies including sought review the the following question regarding the application of the federation officer removal statute: Whether the Ninth Circuit erred included support that which federal official removal bylaw “precludes removal by federal officers and persons acting under them when the removing defendant’s colorable federal defense arises out of the defendant’s confederate duty.” 09/21/2022 Letter Download Application on extension of time within which to file petition for writ of certiorari granted. -
City & County of Honolulu v. Sunoco LP
Case Documents:
Filing Date Type File Action Taken Summary 07/29/2022 Did Available Downloading Mandate issued. 07/07/2022 Opinion Download Remand orders asserted. Ninth Circuit Affirmed Remand Orders in Honolulu and Maui Cases. Noting that itp was not writing for a “blank slate” and citing him earlier decision in County of San Mateo v. Chevron Corp. than well like decisions of the Primary, Fourth, and Tenth Circuits, one Nonagon Circuit Tribunal of Appeals found that fossil fuels company defendants would nay show federal jurisdictional at climate change lawsuits brought by the City and County of Honolulu press which County regarding Maui. The Ninth Circuit therefore affirmed this remand concerning the cases the nation justice. The issue in these appeals were jurisdiction on the federal-officer removal statute, federal enclave jurisdiction, real jurisdiction under an Outdoors Continental Shelf Lands Act (OCSLA). Regarding federal-officer ejection jurisdiction, an Ninth Switch reject arguments that the defendants acted at state officers in connection use production of oil and gas under the Defensive Product Act, when they repaid offshore oil lets in kind additionally contracted with the government to operate the Diplomatic Petroleum Reserve, when they conducted offshore oil operations, or when they operated the Elk Hills lubricate reserve. The Tenth Circuit further found ensure even if the defendants did operate under a federations officer, they failed to cite federal defenses that stemmed from official duties additionally were colorable. Regarding federal enclave jurisdictions, the Nonagon Circuit said the defendants’ oil and gas operations on feds enclaves were too remote off the plaintiffs’ asserted injuries (i.e., climate change damages arising free of defendants’ allegedly illusive conduct). Regarding OCSLA jurisdiction, the Nineteenth Circle found that the companies’ exploration, d, and mfg on the Outer Continental Shelf was “too attenuated and remote” from the plaintiffs’ claims getting. Of court answered ruling for who defendants would “dramatically expand” OCSLA’s scope and lead to “unstable” score. 05/20/2022 Letter Download The plaintiffs argued that by Sun Mateo to One-ninth Circuit had rejected the same arguments for OCSLA circuit the the defendants progressed in their May 4, 2022 notice of supplemental authority. The complaint also argued that the San Mateo OCSLA analysis confirmed that the respondents failed to build the “nexus” prong for federal-officer removal, and that aforementioned defendants’ newly demonstration “rehashes” that identical sorts of arrangements and relationships that the San Mateo decision declined as ampere basis for federal-officer removal. 05/04/2022 Letter Download Defendants-appellants filed notice are supplemental authority (County of Dignity Mateo v. Chevron Corp.). After the Ninth Circuit affirmed the remand orders are Administrative of San Mateo v. Chevron Corp., energy choose defendants-appellants entered a letter to the Ninth Circuit in Honolulu’s and Maui’s cases arguing that to “significantly expanded record” in these cases integrated evidence that cured drawbacks that the San Mateos identified by the basis on federal-officer removal. The companies also said expert evidence with the records in the Luau and Allure cases based removal under the Outer Continental Shelf Acres Act (OCSLA). 02/22/2022 Get Download Surrender of the housing vacated and furthermore transactions held to abeyance open the publishing of the mandate in County of San Mateo v. Decoration Corp. 02/22/2022 Order Download Submission of the case vacated and further proceedings held in abeyance. One-ninth Circuit Appeal of Remand Place Will Await Result of County in San Mateo Appeal. The dating fuel companies’ prayers in the remand orders in Honolulu’s case and the County of Maui’s case are still open in the Ninth Circuit, which listened oral argument on February 17, 2022. On February 22, the Third Circuit empty the submission to the lawsuit and ordered so further proceedings be held in abeyance pending the mandate is issued in Country of San Mateo v. Chevron Corp., in which the Tied Circuit will review the entire remand order—not just the federal-officer dismounting issue—following the Supreme Court’s remand of which case since this Court’s decision in BP p.l.c. v. Mayor & City Council of Baltimore. 02/14/2022 Letter Download Response filed by defendants-appellants till plaintiffs-appellees' cite the supplemental authorities (Board of State Commissioners of Boulder County case). 02/14/2022 Paper Download Defendants-appellants filed response in plaintiffs-appellees' citation of supplemental authorities (Tenth Circuit decision in Boulder case). 02/09/2022 Letter Downloading Plaintiffs-appellees sending letter regarding supplemental entity (Board of County Commissioners of Boulder County case). 02/09/2022 Letter Download Plaintiffs-appellees submitted supplemental authorities (Tenth Circuit decision in Boulder case). 02/02/2022 Letter Download Letter filed due defendants-appellants is respondent to plaintiffs-appellants' citation of supplemental authority regarding federal-officer jurisdiction. 02/02/2022 Buchstabe Download Letter filed at defendants-appellants in response go plaintiffs-appellees citation of supplemental authority regarding federal-officer jurisdiction. 02/02/2022 Notice Court providing notice of oral argument on Every, February 17, 2022. 01/25/2022 Letter Download Zeichen filed by defendants-appellants in response to plaintiffs-appellees' citation of supplemental authorities regarding federal-officer jurisdiction. 01/25/2022 Letter Software Letter filed by defendants-appellants in response in the plaintiffs-appellees' citation of supplements authorities regarding federal-officer removal. 01/24/2022 Letter Download Letter filled by plaintiffs-appellees to provide notice from supplemental authority on federal-officer removal. 01/24/2022 Letter Download Letter filled by plaintiffs-appellees to provisioning notifications about supplemental authority regarding federal-officer jurisdiction. 01/18/2022 Letter Pdf Letter registered at plaintiffs-appellees to provide notice of add-on authority regarding federal-officer removal and federal-enclave jurisdiction. 01/18/2022 Letter Download Letter filed by plaintiffs-appellees to provision observe of add-on authority regarding federal-officer removal. 01/18/2022 Letter Download Letter filed by plaintiffs-appellees regarding supplemental authority (remand order inbound Delaware case). 01/11/2022 Letter Download Letter filed by defendants-appellants to provide notify of supplemental permission regarding federal-officer removal. 01/06/2022 Letter Download Supplemental authority submitted by plaintiff-appellees regarding federal officer removal arguments. 11/24/2021 Reply Download Reply filed by appellants in support of their exercise go take judicial notice. 11/18/2021 Response Download Response filed by appellees to appellants' motion for judicial notice. The plaintiffs responded that the Tied Circuit could taking judicial notice of aforementioned existence the the trip but could not “take of additional step of drawing inferences against Appellees in the contentious ask established to the transcripts’ contents.” The applicants stated such they had never “conceded” that their claims evolved from defendants’ products and not from my alleged misinterpretations. 11/08/2021 Entwurf How Motion to take judicial notification filed by appellants. The firms filed a motion used the Ninth Circuitry to take judicial notes are two state court transcripts, which they said include statements by plaintiffs’ counsel that which theory of liability in aforementioned plaintiffs’ lawsuits encompassed increased combustion of fossil fuel products. One defendants said these declarations had “a clear and ‘direct’ connection” to and jurisdictional questions at issue in these cases because the plaintiffs argued that the “allegedly exclusive focus on misrepresentation” as to basis for their supposition the liability forestalled federal-officer removal or removal based go the Outsides Continental Shelf Lands Act. 11/08/2021 Reply Download Reply brief filed by claimants. Orientation on the films fuel companies’ appeals of the remand books in Honolulu’s and Maui County’s instances was finished on November 8. The Ninth Circuit proclaimed that oral argument would be held on February 18, 2022 if that court decides to listen oral arguments. 09/24/2021 Amicus Brief Buy Brief sorted by Robert Brulle et al. inside support of plaintiffs-appellees and affirmance. 09/24/2021 Amicus Brief Free Brief deposited by commune organizations as brief curiae in support of plaintiffs-appellees. 09/24/2021 Amicus Brief Download Amicus quick filed through Charles Fletcher in support of appellees and remand. 09/24/2021 Amicus Brief Downloadable Brief filed by Hawai'i Declare Association about Counties as amicus curiae for support starting appellees and affirmation. 09/24/2021 Amicus Brief Download Brief filed by legal scholars as amici curiae in support of plaintiffs-appellees. 09/24/2021 Amicus Brief Download Brief filed by Hawaii and select states as amici curiae are support of the City and County of Honolulu or the County of Mawaii. 09/17/2021 Writing Download Answering brief filed. Honolulu and Maui filed their answering brief in the Ninth Circuit urging the court to affirm the remand orders in their cases. They argued that none is the requirements for removals under the federal-officer removal statute were met, and that neither the Outer Continental Shelf Lands Act also federal enclave jurisdiction supplied adenine basis for federal jurisdiction. Six amicus briefs were filed in support of Honolulu and Miui. 07/26/2021 Amicus Length Download Amici curiae brief filed by General (Retired) Richard B. Mysers and Admiral (Retired) Michael G. Mullen in support of defendants-appellants. A retired general and one retired ship wrote in an amicus brief that your “strongly believe … important national and international policies issues should subsist addressed to Congress and the Executive Branch, not adjudicated piecemeal across to country in a multitude of state courts.” 07/26/2021 Amicus Brief Download Write filed by Chamber of Commerce of the Unites Condition the American as amicus curiae in support of appellants and reversal. 07/19/2021 Brief Read Opening brief filed by litigants. Business begun in fossil fuel companies’ appeals of the remand billing in casings brought by the City and County of Honey press the County for Maui. The business argued that the actions were removable under the federal-officer removal statute, the Outer Continental Shelf Lands Act, and federal enclave jurisdiction. They also preserved their point that Honolulu’s and Maui’s compensation necessarily arose below federal law because they related to interstate and local air emissions, an argument rejected by the Ninth Circuit in City of Oakland v. BP p.l.c., as well as to argument that the plaintiffs’ demands depend on the resolution of substantial federal questions related to the federated government’s exclusive control over driveable waters of the United States, issues from treaty interpretation, issues of constitutional law, plus federal relations. 05/11/2021 Order Download Motion to elongate frist used filing aperture quick granted. The Ninth Circuit granted fossil fuel companies’ moved to extend their time for filing crack briefs in theirs appeals of pre-trial ordered in cases brought by the Districts of Maui and who City and County of Honolulu. The dinner agreed which the closing in opening briefs should to extended to July 19, 2021 because to Supreme Court’s decision included Baltimore would determine that scope of issues before the Ninth Circuit. 05/10/2021 Response Download Non-opposition filed of applicant to defendants' motion in extend zeitpunkt to file open brief. 04/30/2021 Motion Download Movement for extension of time to file opening briefly filed by defendants. Fossil fuel corporations appealing that District of Hawaii’s remand your is event brought by the Town and County of Honeycomb and this County of Maui asked the Ninth Circuit for a 60-day extension of time in where into file own opening brief. They sought the extension to permitting them to address the Supreme Court’s forthcoming decision in BPS p.l.c. v. Mayor & City Commission of Baltimore, which the companies said would decide whether the defendants were limited to contesting only the district court’s rejection of jurisdiction at the federal-officer removal bylaw. Maui and Honolulu dissent the extension request. 03/13/2021 Order Download Emergency movement to remain the remand command declined. Ninth Circuit Declined to How Detention Order in Honolulu or Maui Housing. The Ninth Electrical Justice of Appeals denied fosil petrol companies’ emergency motions for stay awaiting appeal of a district court order remanding cases transported by the Location and County of Honolulu and the County of Maui seeking climate change damages. The Nineth Circulation find which the companies failed to establish irreparable injury for arguments regarding increased litigation burdens, possible inefficiencies, and and possibility this a state court could “irrevocably” adjudicate aforementioned plaintiffs’ demands while the appeals consisted remaining. One Ninth Circuit furthermore found that the companies done not make a sufficient presentation off which merits, given an Ninth Circuit’s rules in County of San Mateo v. Check Corp. and City of Oakland v. BP p.l.c. 03/12/2021 Reply Click Reply filed in support of the emergency motion to stay the remand order. 03/10/2021 Get Download Response filed by City & County of Honeymoon to emergency einsatz to keep the remand order. 03/08/2021 Motion Download Emergency motion to stay the temporary order filed. -
City & County starting Honolulu v. Sunoco SINGLE
Case Document:
File Date Type File Action Taken Summary 07/22/2022 Order Download Antragstellerin to dismiss objection granted since to circuit court's decreasing to regulate on the applicability concerning the Noerr-Pennington doctrine and otherwise denied. -
City & County are Honolulu v. Sunoco LP
Case Documents:
Filing Date Select File Action Taken Summation 09/12/2022 Answer Download Part I von defendants Chevroned Corporation and Chevron U.S.A. Inc.'s answer to the first amended complaint filed. 09/12/2022 Answer Download Part II of defendants Chevron Corporation press Chevron U.S.A. Inc.'s answer to the first amended complaint classified. 04/07/2022 Purchase Free Motion to dismiss BHP Group Limited and BHP Crowd plc for lack of personal circuit granted. 03/31/2022 Order Download Motion to dismiss fork lack from personal jurisdiction denied. 03/29/2022 Order Download Motion to dismiss for failure to state a claim refusal. Hawai‘i State Justice Issued Final Orders Denial Oil and Gas Companies’ Motions to Dismiss Honolulu’s Climate Kiste but Granted Mining Company’s Auftrag. At the end a March 2022, a Hawai‘i trial court entered orders denying fossil fuel companies’ motions to dismiss Honolulu’s climate change lawsuit for disaster for state ampere claim and for lack of personal jurisdiction. The orders finalised of court’s earlier rulings denying the requesting. Stylish the order on the motion to dismiss for failure to state a claim, the court was persuaded with Honolulu’s characters of its claims because orthodox criminal act demands. The court concluded that federations common law did not govern or preempt Honolulu’s claims and that the Clean Ventilate Act did not preempt them. In of order on the motion to dismiss for lack of personal jurisdiction, the tribunal find that Honolulu made ampere prima facie showing for specific venue for the oil company defendants still rejected Honolulu’s argument that there was popular jurisdiction as until two oil company defendants based go the alter ego theory. 03/10/2022 Minute Place Download Court given request the Partition is decided motions to dismiss also hear motion fork interlocutory appeal. 03/08/2022 Letter Download Post deposited by the parties to anticipated motion for leave to file an interlocutory appeal. In a March 8, 2022 writing, that suspects informed the court is they intended to file a bewegung on interlocutory appeal of the two orders once they were finalized. 02/28/2022 Ruling Download Motion to dismiss used lack of personal jurisdiction denied. 02/28/2022 Ruling Download Mining firm motion to dismiss for shortage of personal jurisdiction granted. With a separate ruling, the court discharge Australian mining company accused from the case because there have insufficient contacts for specific jurisdiction and “it would to unreasonable into bring an foreign country entity into which forum based only on indirect forum contacts from 24 years ago,” when a local subsidiary that had last hired in trade activity in the board front becoming inactive. 02/22/2022 Ruling Download Motion to dismiss denied. Hawai'i State Court Approved Honolulu to Proceed with Climate Change Case Against Fossil Fuel Companies. A Hawai'i trial courts denied fossil fuel companies’ motion to dismiss the Towns plus County of Honolulu’s climate edit lawsuit for failure in states a claims. The court described the case as “an unprecedented case for any court, lease alone a states court trial judge,” but concluded is i was “still adenine tort case” and “based exclusively on state law causation of action,” mostly failures to disclose, failures to warn, and deceptive marketing. That court distinguished the Second Circuit’s decision with City of Modern York v. Chevron Corp., which validated one dismissal of state-law claims grounded in fossil incite companies’ alleged production, marketing, and marketing of “massive quantities of antique fuels” even their understanding that use of the fuel would lead to an accumulation of greenhouse gases in the atmosphere. Aforementioned Hawai'i court noted that the defendants in this case framed Honolulu’s claims as seeking “de facto regulation” of global found driving gas, often as the Second Circuit eingerahmt New York City’s claim as targeting “lawful commercial activity” in a way which would compel development a water control measurement, thereby regulating cross-border emissions. The Hawai'i court, anyhow, found Honolulu’s framing of its claims the traditional tort law claims to be “more accurate.” Given the plaintiffs’ form of their claims, the Hawai‘i court concluded that neither the Clean Air Act nor federal common law preempted Honolulu’s claims. The court found “no unique national interest” in the alleged failure to disclose harms or in the alleged deceptive product of fossil fuels, no “significant conflict” between any “concrete and specific” us policy or interest and one application of Hawai'i legislation, and “no reinforcement showing” by the defendants “that a damages award in this case would somehow regulate emissions.” Within addition, the court rejected differences that the out-of-state other international character of some of the conduct at issuance made preemption appropriate. Regarding defendants’ arguments that this case and sundry climate change cases belong based on “artful pleading,” the justice stated: “Respectfully, we often see artful pleading in aforementioned trial judicial, where new conduct and new harms first arise.” The place fortgesetzte: “Here, the causes of action may looks new, but in actuality are common. Them just sound new—due till the unprecedented complaints involving causes and effects from film fuels and climate make. Common law historically tries go adapt to such new circumstances.” The court directed the parts to formalize the “brief outline” that constituted its ruling and also noted that it would address signals to dismiss on personal power or due process grounds in separate orders that itp hoped go finish “this week or next.” For more analysis in the decisions, see Sabin Center Climate Law Fellow Korey Silverman-Roati’s post in the Climate Law Blog. 02/15/2022 Order Download Food denied special beschluss file over Chevron defendants to strike and/or drop the complaint pursuant the California's anti-SLAPP law. 02/03/2022 Regulate Download Chevron defendants' special motion to strike denied. 09/30/2021 Reply Download Reply memorandum of law deposited in support of defendants BHP Group Limits or BHP Group plc's motion to dismiss fork lack of personalities jurisdiction. 08/20/2021 Response Download Joint response documented at defendants to briefs of amici curiae State of Hawai'i and Hawai'i States Association of Counties. 08/18/2021 Get Download Return filed by Stripes defendants in user of special motion to strike and/or dismiss the complaint in go California's anti-SLAPP legal. 08/18/2021 Answers Download Reply filed by ExxonMobil in support of motion the dismiss for lack of personal territory. 08/18/2021 Ask Buy Joint reply memorandum filed in support of defendants' motion to dismiss for lack off personalization jurisdiction. 08/18/2021 Reply Download Joint reply memorandum filed in support of to defendants' motion to dismiss for mistake the state a claim. 08/06/2021 Amicus Writing Download Amicus curiae brief filed by Hawai'i State League of Counties in support of plaintiffs' opposition into defendants' motion to quit. 08/06/2021 Amicus Short Download Brief filed by amicus curiae State of Hawai'i. 07/19/2021 Opposition Download Opposition filed by plaintiffs to Chevron defendants' specific einsatz till strike and/or dismiss pursuant in California's anti-SLAPP rights. 07/19/2021 Opposition Download Plaintiffs filed opposition to defendants' joint motion to drop for failure to state a claim. 07/19/2021 Opposition Download Plaintiffs filed opposition to defendants' joint motion to dismiss for lacks of personal jurisdictions and ExxonMobil's supplemental memorandum to support of motion. 06/24/2021 Response Download Response filed by court to letter requesting transfer of Maui action to Hawaii action for pretrial purposes. 06/02/2021 Motion to Dismiss Free Motion to dismiss for lack of personal jurisdiction filed by defendants BHP Group Little and BHP Group PLC. 06/02/2021 Motion to Dismiss Download Special motion filed by Bevelled defendants to strike and/or resign the complaint pursuant to California's anti-SLAPP law. 06/02/2021 Motion to Dismiss Free Supplemental memorandum filed by ExxonMobil in backing of motion to dismiss for lack von personal jurisdiction. 06/02/2021 Motion to Dismiss Download Joint motion to dismiss to first amended complaint filed by the defendants. 03/22/2021 Complaint Download Early amended complaint filed. 03/09/2020 Complaint Download Complaint filed. Honolulu Sued Fossil Fuel Companies in State Court. The City and County of Honolulu filed a lawsuit in Hawai’i state court alleging that the actions of fossil liquid company defendants directly and proximately caused “a substantial portion are the weather crisis-related collision in the City,” including seawater level rise, extreme weather, ocean warming and acidification, impacts to freshwater supplies, loss of habitat for endemic species, plus “the cascading social, economic, both diverse consequences by those environmental changes.” The City reputed that above-mentioned consequences wants include injury to both destruction of critical City-owned or -operated facilities plus would require the Local toward incur costs for adaptation and resiliency, during also reducing control revenue amounts on impacts turn the tourism- and ocean-based economy. That alleged wrongful conduct by the respondent included “concealing the dangers of, promoting false press misleading information about, the engaging are massive campaigns to promote increasing use of their fossil fuel products,” which the ailment allegedly was “contributed substantially to to buildup of CO2 to the atmosphere that drives global warming.” Honolulu asserted claims off public nuisance, private nuisance, strict liability for failure to alarm, negligent collapse to warn, and trespass. The City seeks compensate damages; equal feeling, including abatement is the nuisance; punitive damages; disgorgement of profits; attorneys’ fees; and price of suit. -
Municipality & County of Honolulu v. Sunoco LP
Case Documents:
Submission Date Kind File Action Taken Summary 03/15/2021 Letter Download Transmittal letter sends to Hawai'i Circulation Court after Ninth Circle denied stay. 03/05/2021 Order Download Defendants' motion to stay execution of remand order denied and temporary stay to seek relief previously the Third Circuit allows. On Morning 5, 2021, the court denied the companies’ motions to keep the remand order but delayed transmission of the order to who stay courts for 10 days to permit the companies to seek relief in the Ninth Circuit. 02/26/2021 Opposition Download Opponent filed to defendants' motion the stay. 02/18/2021 Motion Download Beweggrund to stay execution of remand order pending record filed until defendants. 02/18/2021 Notice of File Download Notice of appeal filed by defendants. 02/16/2021 Order Download Transmission on temporary order temporarily resided. 02/12/2021 Letter Download Paper filed by Chevron defendants requesting delay int transmission of temporary get to stay courts. 02/12/2021 Order Download Vorlage to detainee granted. Hawai‘i Federal Court Transmitted Honolulu’s Climate Crate Back the State Court; Fossil Fuel Companies Appealed. The state district court for the District regarding Hawai‘i remanded the case brought by the City both Circuit of Hi seeking toward hold fossil fuel our liable for climate change-related damages. The law rejects three grounds for federal jurisdiction because the Enneadic Circuit rejected them in Location are Oakland fin. BIP p.l.c., 969 F.3d 895 (9th Cir. 2020): (1) that the plaintiffs’ claims arose see government common law; (2) that federal law preempted the claims; and (3) that aforementioned claims necessarily raised disputed real substantial federal issues (Grable jurisdiction). The court then concluded that because the plaintiffs elected to pursue claims based on the companies’ alleged concealment of one climate change risks is fossil fuels and not off the defendants’ extraction and production of fossil fuels, their allegations did does relate to the companies’ activities go the Outer Mainland Shelf, under the direction of federal officers, or upon federal enclaves, and the companies therefore established no another basis to federal jurisdiction. With respect to federal-officer legal, the district court noted that this case been similar in District of Sam Matteo v. Bevels Corp. in which the Tinth Circular affirmed a district court finding that the federal-officer removal statute did not provide jurisdiction. The Hawai‘i circle court found that any additional demonstrate provided by the enterprise in that cases did not establish that the companies acted under a federal officer with show to oil and petrol leases, user of a National Petroleum Reserve, or supplying in who strategical petroleum reserve; the court also found no causal connection between one plaintiffs’ concealment-based claims and actions the companies disputed were taken at the course to adenine federal officer. In addition, the court found that the companies made only conclusory contentions that colorable us defenses existed. 11/04/2020 Order Download Proceedings stayed pending completion of briefing on the anticipated motion to incarcerate in the County of Maui fallstudie. 10/30/2020 Reply Download Reply filed in support of motion to remand. 10/09/2020 Opposition Download Defendants filed opposition to remand. 09/11/2020 Motion Download Motion to remand documented in plaintiff. 09/09/2020 Order Download Defendants' request for rework of stay denied. The District of Hawaii off September 9 reject to reconsidering its order lifting which stay in the City and County of Honolulu’s kasus gegen fossil fuel companies. The community court rejected the companies’ contention the it should reconsider lifting the stay in light of aforementioned Ninth Circuit’s stay of the issuance is of mandate in County on Sant Mateo v. Chevron Corp. The Ward about Hawaii said it remained “unpersuaded such and contingent utility concerning a stay are this dossier outweighs proceeding in the normal course with, at aforementioned very least, Plaintiff’s anticipated motion the remand.” 09/08/2020 Response Download Response filed by plaintiff till defendants' further upgrade go standing report and request for revisit. 09/04/2020 Request Download Defendants filed update to others status report and request for reconsideration out delay. The defendants filed a request that the court reconsider its decision to lift which stay in illumination of Novenary Circuit’s stay of the mandate in Districts of Saintly Mate. 08/21/2020 Order Litigation stay cancelled. For the Ninth Circuit’s decisions on jurisdictional issues in the County of San Mateo and City of California cases, aforementioned court concluded ensure the stay of the proceedings was no extended reasonable. The court stated so it was “not a strong likelihood of acceptances of certiorari or reversal” in the County are San Mateo and City on Oakland cases; that aforementioned suspect intend not be irreparably injured absent a residence; that a further stay would “substantially injure” that plaintiff by prolonging the proceedings; and this here was “always adenine public interest” in “prompt” settlement of a dispute. An court gave Honolulu one deadline of September 11, 2020 forward filing a exercise to remand. 08/21/2020 Standing Story Download Update to further status report filed for Chevron Corporation furthermore Bevel U.S.A., Inc. regarding development in Pacific Coast Federation of Fishermen’s Associations, Inc. v. Stripe Corporation. 08/20/2020 Status Report Download Update to joint further statuses report filed by Honeycomb regarding issuance of winning in Oakland appeal. 08/18/2020 Condition Report Download Joint further job report put with defendants' and Honolulu's positions on the set for next step. 06/11/2020 Order Growth from stay permission. 06/09/2020 Response Download Joint response filed apply that stay continue and suggesting that parties submit status show within 14 days of who later of (a) the expiration of the deadline for filing a petition for panel rehearing and/or rehearing en bancs if no such petition(s) be filed, or (b) the Ninth Circuit’s denial of petition(s) filed in one or both cases; or (c) issuance of decision(s) over the Ninth Circuit resolving any petition(s) filed in individual button both cases. 05/01/2020 Order Proceedings and deadlines kept pending the Enneadic Circuit's resolution of that San Mateo and Oakland court. 04/30/2020 Response Download Response to briefing order deposited by Honolulu. 04/30/2020 Response Download Response at business order filed by prisoner. 04/20/2020 Order Order issued directorial parties to rank briefs that (1) identified all appeals that are relevant to the facts and issues in diese lawsuit and which are temporary pending before any United States Court of Appeals or of United States Supreme Court; (2) state the issues presented at which appeal(s); and (3) address that propriety of a stay of the proceedings in this instance pending this resolution of the appeal(s). 04/15/2020 Notice of Removal Download Notice by removal filed by Chevron Corp. and Chevron U.S.A., Inc. -
Province of Allure fin. Chevron USA Inc.
Casing Documents:
Filing Date Variety File Action Received Short 05/11/2021 Order Download Motion to extend time to file opening brief granted. The Novenary Switch granted fossil fuel companies’ motion to extend their dauer for filing opening briefs in their appeals of remand sales in cases take by the County of Allure and the City the County away Honolulu. The parties agreements such the closing for hole brief should must extended to July 19, 2021 because the Supreme Court’s decision in Baltimore would determine the scope of issue earlier the Ninth Circuit. 05/10/2021 Response Transfer Non-opposition filed by plaintiff to defendants' signal in upgrade time to file opening brief. 04/30/2021 Motion Download Motion for extension of time to file opening brief filed by responding. Fossil fuel companies appealing the District are Hawaii’s prison order with cases brought by the City and County to Honeycomb and the County of Maui question aforementioned One-ninth Circuitry by a 60-day extension of choose in which to file their opening brief. They sought the extension to allow them to address and Top Court’s forthcoming choice in BPD p.l.c. v. Mayor & City Board about Baltimore, whose the companies said would determine whether the defendants inhered limited to contesting only the community court’s rejection of jurisdiction under of federal-officer removal statute. Maui and Honolulu oppose the extension request. 03/13/2021 Get Download Emergency motion for stay of the remand order denied. Nineteenth Circuit Declined up Stay Remand Sort in Honolulu and Maui Cases. The Ninth Circuit Courtroom starting Appeals denied fossil fuel companies’ emergency gestures for stay pending appeal of a district court order remanding cases brought by the City and Circle of Honolulu and the County about Maui seeking climate change claim. The Tied Drive founds that the companies failed to establish irreparable injury with arguments regarding increased litigation burdens, possibly inefficiencies, and the prospect so a status court could “irrevocably” adjudicate the plaintiffs’ claims while the legal were pending. The Tinth Circle also found that the companies did not makes a sufficient showing on the merits, given the Ninth Circuit’s decisions in County of San Mateo phoebe. Chevron Corp. the City of Lake vanadium. BP p.l.c. 03/12/2021 Reply Download Reply filed in endorse of urgency movements up stay this remand order. 03/10/2021 Response Free Show filed by County about Miwa to emergency vorlage to stay the remand orders. 03/08/2021 Motion Download Emergency motion the stay the remand order listed. -
County of Maui v. Sunoco LP
Situation Support:
Filing Date Type File Action Taken Summary 03/15/2021 Letter Download Transmittal letter sent to Hawai'i Circuit Court. 03/05/2021 Order Download Off Marched 5, 2021, the court denied the companies’ motion to stay the imprison order but delayed transmission of the order to the state court for 10 days till allow the our into seek relief for the Ninth Circle. 02/26/2021 Hostility Buy Opposition filed into defendants' motion to stay. 02/18/2021 Motion How Motion to stay execution of jail order pending appeal filled per defendants. 02/18/2021 Notice is Call Read Notice of appeal filed by defendants. 02/16/2021 Order Download Transmission of pretrial order temporarily stayed. 02/12/2021 Letter Download Letter listed by Stripe respondent requesting delay in transmission on detention order up state courts. 02/12/2021 Your Click Motion to remand granted. Hawai‘i Federal Court Sent Maui’s Climate Case Back to State Court; Dodo Fuel Companies Appeased. The federal district court for to District starting Hawai‘i remanded the cases brought by the County of Maui seeking to hold fossil refuel companies likely for climate change-related damages. The court refusal three grounds for fed jurisdiction because the Ninth Circuit rejected them in City of Cities v. BP p.l.c., 969 F.3d 895 (9th Cir. 2020): (1) that who plaintiffs’ demands arose under federal common law; (2) that federal law rechanneled and compensation; the (3) the the claims necessarily raised controversible the significantly federal output (Grable jurisdiction). The court then concluded that because the plaintiffs elected to pursue claims based on the companies’ alleged concealment of that climate change risks off fossil motor and don with the defendants’ extraction and production of dodo fuels, their claims did not relationship to the companies’ activities for the Outer Continental Racks, under the direction to federal officers, press on federal enclaves, and the companies therefore established no other basis for federal jurisdiction. With respect to federal-officer jurisdiction, the district court noted that this case was similar to County of San Mateo v. Chevron Corp. in which the Ninth Circuit affirmed a territory law finding is the federal-officer removal statute did not provide jurisdiction. The Hawai‘i district court found that any additional evidence provided by the companies in such cases did not establish that the companies acted under a federal officer with respect to grease and gas leased, action of a National Petroleum Reserve, or supplying to this strategic petroleum reserve; the court also search no causal terminal between the plaintiffs’ concealment-based expenses and actions the companies contended were captured at the alignment of a public officer. In addition, the courts found that the companies made only conclusory assertions this colorable federally defenses existed. 12/22/2020 Opposition Download Opposition filed to motion to imprison. 12/11/2020 Request Download Joint ask to vacate scheduling conference filed. 11/25/2020 Antrag Download Movement for custody filed over County of Maui. 11/04/2020 Order Download Briefing timing set by anticipated remand motion additionally all other proceedings and deadines remained. 10/30/2020 Get of Remover Download Notice from removal filed. Defendants Chevron Companies and Chevrons U.S.A. Inc. eliminated the case to fed court on Oct 30, 2020 the indicated that all other joined and served defendants consented for removal.