State prevails in federal lawsuit that had sought to block Hawaiʻi’s claims against major fossil fuel companies

The state of Hawaiʻi today secured a significant legal victory in federal court, with the US District Court for the District of Hawaiʻi issuing an order dismissing a lawsuit filed by the United States, that sought to stop Hawaiʻi’s separate lawsuit filed in state court against major fossil fuel companies.

In April of last year, the United States sued the state of Hawai‘i, Governor Josh Green and Attorney General Anne Lopez in federal court after learning that the state would be filing its own action to hold fossil fuel companies accountable for decades of deceptive marketing practices in Hawai‘i. The state filed its lawsuit as planned and asked the federal court to dismiss the United States’ separate case.

In a decisive ruling, the federal court granted the state’s motion, agreeing with its argument that the United States lacks standing to sue over hypothetical allegations that imposing liability on fossil fuel companies will have some harmful future effects on the federal government.

The court also recognized that, contrary to the United States’ allegations, Hawaiʻi’s state case seeks only to recover damages for harmful and deceptive marketing undertaken by fossil fuel companies in Hawaiʻi; not to regulate international greenhouse gas emissions.

The court’s decision comes roughly a year after President Trump ordered the US Department of Justice to take legal action against any state efforts to combat climate change, and three months after a similar case against the state of Michigan was dismissed. 

“The climate crisis is here and Hawaiʻi taxpayers should not have to foot that bill when fossil fuel companies deceived and failed to warn consumers about the climate dangers lurking in their products. The climate-deception lawsuit is about holding those parties accountable and shifting the costs of surviving the climate crisis back where they belong,” said Gov. Green. “Today’s decision allows the state to continue doing just that.”  

“The United States’ lawsuit was an example of gross federal overreach. The Department of the Attorney General is thrilled that the Court agreed with our arguments and dismissed the United States’ complaint in its entirety,” said Attorney General Lopez. “My department will continue to fight deceptive practices that erode Hawaiʻi’s public health, natural resources and economy.” 

With the federal case dismissed, Hawaiʻi’s lawsuit against fossil fuel companies will proceed in state court.

A copy of the court’s order can be found here.