Filed Date: April 30, 2025
Case Ongoing
Clearinghouse coding complete
On April 30, 2025, the United States filed this lawsuit against Hawai'i, its Governor, and its Attorney General in the United States District Court for the District of Hawai'i. The DOJ brought this action after it learned that the state of Hawai'i had plans to bring a lawsuit against fossil fuel companies to hold them liable for their contribution to climate change and its effects. The DOJ argued that such a lawsuit was pre-empted by the Clean Air Act and the federal government's control over foreign affairs, that it would constitute unconstitutional regulation by a state of territory outside the state, and that it would violate the Interstate Commerce and Foreign Commerce Clauses. Specifically, the DOJ argued that through the Clean Air Act, the Congress anointed the federal EPA as the regulator of greenhouse gas emissions, and therefore, under the Supremacy Clause, states were pre-empted from regulating greenhouse gas emissions through state law. The DOJ asked the court to declare that Hawai'i's state law claims were unconstitutional, and to permanently enjoin Hawai'i from taking actions to assert Hawai'i's state law claims.
Despite this lawsuit, Hawai'i went ahead with its climate change lawsuit the next day, May 1, in the Circuit Court for the First Circuit of Hawai'i, naming seven fossil fuel companies as defendants. State of Hawai‘i v. BP p.l.c., No. 1CCV-25-0000717 (Haw. Cir. Ct. filed May 1, 2025). Hawai'i brought state claims of negligence, public nuisance, private nuisance, trespass, harm to public trust resources, civil aiding and abetting, unfair or deceptive acts or practices, and strict liability for failure to warn. The State argued that the fossil fuel companies had known for decades about the harmful effects of fossil fuel emissions, and to protect their businesses, "mounted a decades-long campaign of deception to discredit the scientific consensus on climate change; create doubt in the minds of consumers, the media, business leaders, and the public about the climate change impacts of burning fossil fuels; and delay the energy economy's transition to a lower-carbon future while maximizing their own profits."
On June 17, in the First Circuit of Hawai'i, Defendants filed a motion to stay proceedings pending resolution of their action against the State in the District Court.
The case is ongoing.
Summary Authors
Scott Shuchart (5/8/2025)
Emma Vayda (7/16/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70017206/parties/united-states-v-state-of-hawaii/
Gillmor, Helen W. (Hawaii)
Heminger, Justin D. (Hawaii)
Carpenter, Caitlyn B. (Hawaii)
Chun, Lauren K. (Hawaii)
Fernandes, Kalikoonalani Diara (Hawaii)
See docket on RECAP: https://www.courtlistener.com/docket/70017206/united-states-v-state-of-hawaii/
Last updated Aug. 21, 2025, 6:03 p.m.
State / Territory: Hawaii
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Litigation and Investigations Involving the Government
Key Dates
Filing Date: April 30, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
United States
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
All Writs Act, 28 U.S.C. § 1651
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.: