Hawaii Sues Big Oil Companies Over Climate Change

Hawaii sued major oil companies in state court Thursday, accusing them of a “successful campaign of climate deception ” that has led to devastating impacts in the islands.

The suit filed in Oahu Circuit Court accuses Exxon Mobil, Chevron, ConocoPhillips, Shell, BP, Aloha Petroleum, Phillips 66, Woodside Energy Hawaii, BHP Hawaii, Equilon and the American Petroleum Institute of lying to the public about how fossil fuels cause climate change.

On Wednesday the U.S. Department of Justice filed a lawsuit trying to preempt the state from suing oil companies to make them pay for their contributions to the climate changes hurting Hawaii.

The federal complaint made clear that the Trump administration does not believe in climate change, referring to its “alleged ” impacts.

The 31-page civil against Hawaii seeks to “prevent each state from suing fossil fuel companies in state court to seek damages for alleged climate change harms, ” according to a Justice Department news release.

“This successful climate deception campaign had, and continues to have, the purpose and effect of inflating and sustaining the market for fossil fuels, which drove up GHG emissions, accelerated global warming, and brought about devastating climate change impacts to Hawaii, including to the State’s front-line communities in particular. The State has already experienced and will continue to face the effects of climate change, including sea level rise, fire risk, and extreme weather (among others ), ” read the state civil complaint authored by Deputy Attorney General Wade H. Hargrove III. “As a result of the fossil fuel industry’s lies and deceit, the State is confronted with the real costs of protecting Hawaii’s people, natural and cultural resources, businesses, and infrastructure from hazards of climate change.”

Despite the “clear harm ” to Hawaii and communities across the country, the companies “continue to peddle climate disinformation and attempt to mislead the public ” about the environmental impacts of fossil fuel products and their derivatives.

State Attorney General Anne E. Lopez said in a statement that the state has an obligation to do “everything in our power ” to fight deceptive practices from these fossil fuel companies that erode Hawaii’s public health, natural resources and economy.

“The use of the United States Department of Justice to fight on behalf of the fossil fuel industry is deeply disturbing and is a direct attack on Hawaii’s rights as a sovereign state, ” Lopez said. “The state of Hawaii will not be deterred from moving forward with our climate deception lawsuit. My department will vigorously oppose this gross federal overreach.”

Between 2010 and 2018, BP spent 2.3 % of total capital spending on low-carbon energy sources, Shell spent 1.33 %, Chevron spent 0.23 %, Exxon spent 0.22 % and ConocoPhillips spent 0.03 %, despite an “array of greenwashing advertisements and promotion ” conveying these companies as committed to green, clean or sustainable energy.

“Fossil Fuel Defendants have continued to ramp up fossil fuel production globally ; to invest in new fossil fuel development, including in shale oil production and shale gas fracking—some of the most carbon-intensive extraction projects ; and to plan for unabated oil and gas exploitation indefinitely into the future, ” the state civil complaint alleges.

States and municipalities led by Democrats have filed similar civil actions.

In 2020 the City and County of Honolulu and the Honolulu Board of Water Supply sued most of the same oil companies, alleging their misleading statements allowed climate change to destroy and damage property and infrastructure.

On Jan. 13 the U.S. to hear a bid by oil companies to dismiss a lawsuit by Honolulu accusing them of misleading the public for decades about the dangers of climate change caused by the burning of fossil fuels.

“The climate crisis is here, and the costs of surviving it are rising every day, ” Gov. Josh Green said in a statement. “Hawaii taxpayers should not have to foot that bill. The burden should fall on those who deceived and failed to warn consumers about the climate dangers lurking in their products. This lawsuit is about holding those parties accountable, shifting the costs of surviving the climate crisis back where they belong, and protecting Hawaii citizens into the future.”

President Donald Trump recently directed U.S. Attorney General Pamela Bondi to take action to stop the enforcement of state laws that “unreasonably burden domestic energy development so that energy will once again be reliable and affordable for all Americans.”

“Hawaii intends to sue fossil fuel companies to seek damages for alleged climate change harms, ” read the complaint, which quoted a KHON news story about the intentions of state attorneys to sue oil companies. “At a time when States should be contributing to a national effort to secure reliable sources of domestic energy, Hawaii is choosing to stand in the way. This Nation’s Constitution and laws do not tolerate this interference.”

The lawsuit against Hawaii and Michigan and separate actions against New York and Vermont “advance President Trump’s directive ” outlined in Executive Order 14260, Protecting American Energy From State Overreach.

“These burdensome and ideologically motivated laws and lawsuits threaten American energy independence and our country’s economic and national security, ” Bondi said in a statement. “The Department of Justice is working to ‘Unleash American Energy’ by stopping these illegitimate impediments to the production of affordable, reliable energy that Americans deserve.”

The complaint alleges that these anticipated actions are “preempted by the Clean Air Act and violate the Constitution ” and that the lawsuits burden energy production and “force the American people to pay more for energy, and make the United States less able to defend itself from hostile foreign actors.”

The state complaint filed by Lopez details an array of climate change impacts hitting Hawaii.

It alleges that as of 2021, 66 state-owned facilities reported flooding from sea level rise and precipitation, including public housing complexes in Kaneohe, the Hulihee Palace historic site, and the Kauai and Oahu community correctional centers.

About 70 % of Hawaii’s beaches experienced erosion, and 13 miles of beach are gone, according to the complaint.

“Climate change increases the threat of wildfires for Hawaii. The 2023 Maui wildfires were the deadliest in modern U.S. history and the worst natural disaster in the history of the state. More than 100 lives were lost, and more than 2, 200 structures were destroyed, causing $5.5 billion of damage, ” read the complaint.

Lopez said the oil companies had a duty to warn people about the climate dangers associated with their products or to mitigate those dangers.

“But they did neither of those things. Instead, they put profits ahead of people and facilitated the increased use of their dangerous products through decades of deceptive conduct, ” said Lopez. “They violated Hawaii law, harmed all Hawaii residents, and will now be held accountable in a Hawaii court.”

The lawsuit seeks compensatory, punitive and natural resource damages ; civil penalties ; and disgorgement of profits at trial ; and an order ensuring the companies stop lying to the public.