The supreme court has shot down the fossil fuel industry’s attempts to kill a Hawaii lawsuit, which is seeking to hold the sector accountable for an alleged decades-long misinformation campaign.
The Monday decision will allow the closely watched litigation, filed by officials from Honolulu, to proceed toward a trial. It is a procedural victory for the wave of climate accountability lawsuits filed against oil and gas companies in recent years.
In March 2020, the city and county of Honolulu and the Honolulu board of water supply sued oil companies for violations of state law, including for creating a public nuisance and failing to warn the public of the risks posed by their products.
Defendants Sunoco and Shell, along with 15 other energy companies, have sought to move the litigation to federal court, arguing that state courts cannot rule on interstate pollution.
A state court in October 2023 denied the oil companies’ efforts, saying the case could move forward because it focuses on alleged deception in marketing and public statements, rather than on the physical impacts of greenhouse gas emissions.
On Monday, the supreme court declined to weigh in on whether the lawsuits should be blocked.
“This landmark decision upholds our right to enforce Hawaii laws in Hawaii courts, ensuring the protection of Hawaii taxpayers and communities from the immense costs and consequences of the climate crisis caused by the defendants’ misconduct,” Ben Sullivan, executive director and chief resilience officer for the city and county of Honolulu’s office of climate change, sustainability and resiliency, said in a statement.
Ryan Meyers, a spokesperson for American Petroleum Institute, the country’s largest oil and gas lobby group, said in a statement that the industry is “disappointed” by the supreme court’s decision.
“This ongoing, coordinated campaign to wage meritless lawsuits against companies providing affordable, reliable and cleaner energy is nothing more than a distraction from these important issues and waste of taxpayer resources,” he said.
Last year, fossil fuel allies launched an unprecedented media blitz calling on the supreme court to shield oil companies from the Honolulu lawsuit. Some of the groups behind the campaign have ties to Leonard Leo, the architect of the rightwing takeover of the supreme court who helped select Donald Trump’s supreme court nominees.
“That Leonard Leo thought this case warranted a media blitz shows how important it was to the oil companies,” said Michael Gerrard, faculty director of the Sabin Center for Climate Change Law at Columbia University. “It’s good to know that these blitzes don’t always work.”
Justice Samuel Alito recused himself from the case. The decision was not explained in court documents, but Alito does own stocks being targeted by climate accountability lawsuits, according to his financial disclosure filings.
Eleven state attorneys general and dozens of municipalities have filed similar challenges against big oil, attempting to hold them accountable for allegedly deceiving the public about their products’ role in the climate crisis. Monday’s decision marks the fourth time since 2023 that the supreme court declined to consider fossil fuel industry appeals to thwart the litigation, which could cost the companies billions of dollars.
In June, the supreme court asked Biden officials to weigh in on the cases and provide its opinion on the dispute. In a filing submitted to the high court in December, the administration urged the high court to turn away the appeals.
So far, no climate accountability lawsuit has gone to trial. But Monday’s decision brings that prospect, which is “the fossil fuel industry’s worst nightmare”, one step closer, said Richard Wiles, president of the non-profit Center for Climate Integrity, which tracks and supports the litigation.
“The people of Honolulu and communities across the country deserve their day in court to hold these companies accountable,” he said.
