ELR Citation: 53 ELR 20170
No(s). SCAP-22-0000429 (Haw. Oct 31, 2023)

The Hawaii Supreme Court affirmed a lower court order denying oil and gas companies' motions to dismiss a climate misinformation suit brought by the city and county of Honolulu and the Honolulu Board of Water Supply. Plaintiffs argued the companies knowingly misled the public about the dangers of burning fossil fuels, bringing five state tort law claims for public nuisance, private nuisance, strict liability failure to warn, negligent failure to warn, and trespass. The companies moved to dismiss for lack of jurisdiction and failure to state a claim. The lower court denied both motions. On appeal, the companies argued the court lacked specific jurisdiction over them; that the claims were preempted by federal common law, which in turn was displaced by the CAA; and alternatively, that the claims were preempted by the CAA. The high court concluded the companies were subject to specific jurisdiction in Hawaii because plaintiffs' allegations arose out of or were related to the companies' sale and marketing of fossil fuel products in Hawaii; the CAA's displacement of federal common law governing interstate pollution damage suits meant that federal common law did not preempt state law; and that the CAA did not preempt the claims. It affirmed the lower court's orders denying the motions to dismiss.