Quantcast

Honolulu's climate change suit against Big Oil won't stand up on appeal, lawyer believes

SOUTHERN CALIFORNIA RECORD

Wednesday, November 27, 2024

Honolulu's climate change suit against Big Oil won't stand up on appeal, lawyer believes

Lawsuits
Rexp

Rex Parris, attorney who sued Gov. Jerry Brown | Rex Parris office

HONOLULU - The City and County of Honolulu last month sued oil companies for allegedly profiting from the extraction and consumption of oil, coal and natural gas, which has increased pollution.

Filed in the Circuit Court of the First Circuit State of Hawaii, it seeks disgorgement of profits among other demands for relief.

The City and County of Honolulu did not immediately respond to the Southern California Record's requests for comment


Hawaii

“The City owns, occupies, and manages extensive real property within the City’s borders that has been and will continue to be injured by rising sea levels, higher sea level, more frequent and extreme drought, more frequent and extreme precipitation events, increased frequency and severity of heatwaves and extreme temperatures, and the associated consequences of those physical and environmental changes,” wrote Robert M. Kohn, among lawyers representing the City and County of Honolulu.

The oil companies named include Sunoco, Aloha Petroleum, Exxon Mobile and Shell Oil Company and they did not respond immediately to requests for comment.

“The outcome will depend on the judge but they probably won’t win,” said Rex Parris, an attorney who filed a similar lawsuit against former Gov. Jerry Brown on behalf of Kern County, California farmers. “Eventually, it will land in the 9th Circuit Court of Appeals where it will likely be dismissed. The appellate court has become conservative."

Earlier this year on Jan. 7, the 9th Circuit Court of Appeals dismissed a case filed by a group of youths who sued the U.S. government for allegedly supporting a fossil-fuel based economy, concluding that the case was misplaced and should be presented to the political or electorate at large, according to media reports.

“I am confident that the court will dismiss this case too for political resolution not judicial resolution,” Parris said.

The lawsuit alleges that the oil companies have intentionally, recklessly, or negligently caused floodwaters, extreme precipitation, saltwater, and other materials, to enter the City’s real property, by distributing, analyzing, recommending, merchandising, advertising, promoting, marketing, and/or selling fossil fuel products.

“Everything in this complaint is true and accurate,” said Parris who was recently elected Mayor of Lancaster County. “It is not a question of fact but Honolulu officials are asking for too much.”

Parris foresees that the city and county officials of Honolulu could potentially face the retribution of oil companies that are defendants.

"Oil companies are not dumb," said Parris who has experienced cancellation as a keynote speaker at environmental advocacy events sponsored by oil companies. "The industry has its hands in all the climate extinction programs as financial sponsors. They now dictate the public debate on these issues. So, to that extent, oil companies do not hesitate to retaliate."

ORGANIZATIONS IN THIS STORY

More News