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On Monday, Hawaii Governor Josh Green declared that his administration plans to prosecute fossil fuel corporations for their involvement in climate change, aiming to hold them accountable for damages caused by consequences like the catastrophic 2023 wildfires on the island of Maui. The governor’s statement underscores the escalating tide of climate lawsuits targeting energy companies.
During an appearance on local broadcast television, Governor Green announced, “This may come as a surprise, but we intend to initiate legal action.”
On Wednesday, the former presidential administration took preemptive action, suing Hawaii to prevent the state from filing its climate-related lawsuit. Simultaneously, the Justice Department initiated similar proceedings against Michigan.
Michigan Attorney General Dana Nessel has engaged the services of three private legal firms to embark on climate litigation, although no lawsuit has yet been filed.
Legal scholars regard the administration’s efforts to inhibit pending cases as highly unorthodox. .
- Nine states governed by Democratic officials, along with numerous municipalities, have already pursued legal action against fossil fuel enterprises.
- The oil sector and its supporters have attempted to dismiss these cases using similar arguments.
New Legal Strategy Faces Skepticism
The lawsuits filed in Hawaii and Michigan reference President Trump’s April 8 executive directive,
“Safeguarding American Energy from State Interference.”
- The directive contends that state policies restricting the energy sector compromise national security and increase costs.
- It also suggests that existing litigation over climate change could result in severe financial penalties for the oil industry.
Michael Gerrard, director of the Sabin Center for Climate Change Law at Columbia University noted, “The attempt to block imminent lawsuits is, at the very least, highly unconventional.”
He expressed doubt about the strategy’s effectiveness, describing it as “procedurally dubious.”
The federal lawsuits named the states of Hawaii and Michigan their governors and Attorneys General.
Requests for comment from Governor Green and Hawaii Attorney General Anne Lopez have yet to receive a response.
The Battle for Climate Litigation
“At best this lawsuit is frivolous and potentially sanctionable,” Attorney GeneralMss. Nessel said. She also accused the president of catering to oil industry donors The most striking example of debasing both the White House and Justice Department yet.”
Legal battles over state and local climate lawsuits against energy companies are intensifying rapidly.
The Supreme Court’s Role
- In January, the Supreme Court rejected a request by defendants in Honolulu, including Sunoco, Exxon Mobil, and Chevron. The Supreme Court chose not to review the High Court decision to allow the lawsuit to proceed.
- Also in March, the Supreme Court declined to hear a national challenge involving Democratic-governed states.
Efforts by Republican-led states and industry groups to block climate litigation could invalidate the national lawsuit.
The Conflicting Perspectives
- Supporters of the litigation characterizes these cases as ‘climate deception’ cases, alleging that oil companies hid knowledge of climate risks.
- Opponents
describing the lawsuits as an unlawful attempt to dictate energy policy at the expense of consumers.
Separately, the Justice Department filed suits against New York and Vermont. In targeting new climate funds, The federal government seeks to reclaim costs related to storms and floods.
Pursuits Against New York and Vermont
Attorney General Bondi stated The existing laws and lawsuits “pose threats to American energy independence, as well as the economic and national security of the country.
New York’s legislation sets damages at $75 billion. Vermont’s framework providesa complex pathway to determine recovered amounts.
The Justice Department’s lawsuits against New York and Vermont request a judicial declaration that the states’ laws are unconstitutional. They additionally seek to halt their enforcement.
Both measures are facing separate legal actions lodged by Republican-led states and industry interest groups.