Case: United States v. State of Hawaii

Hawaii state trial court

State of Hawai;i v. BP P.L.C. et al.

Hawaii state trial court

United States of America v. State of Hawaii

President Donald Trump

Jess Hanson

COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Heminger, Justin) (Entered: 04/30/2025)

1 Civil Cover Sheet

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NOTICE of Case Assignment: Please reflect Civil case number CV 25-00179 HG-WRP on all further pleadings. (eta) (Entered: 05/01/2025)

Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 6/30/2025 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/1/2025. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (eta) (Entered: 05/01/2025)

CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: # 1 AO 398 Notice of a Lawsuit and Request to Waive Service of a Summons, # 2 AO 399 Waiver of the Service of Summons)(eta) (Entered: 05/01/2025)

EO: In order to allow time for service of the Complaint, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 6/30/2025 to 8/12/2025 at 8:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER)(wrp1) (Entered: 05/19/2025)

Summons (Proposed) (Heminger, Justin) (Entered: 05/22/2025)

Summons (Proposed) (Heminger, Justin) (Entered: 05/22/2025)

Summons (Proposed) (Heminger, Justin) (Entered: 05/22/2025)

Summons (Proposed) (Heminger, Justin) (Entered: 05/22/2025)

Summons Issued as to Joshua Booth Green, Anne E. Lopez, State of Hawaii. (Attachments: # 1 Issued Summons to Joshua Booth Green, M.D. c/o Anne E. Lopez, # 2 Issued Summons as to Joshua Booth Green, M.D., # 3 Issued Summons as to State of Hawaii c/o Anne E. Lopez)(cib) (Entered: 05/22/2025)

SUMMONS Returned Executed by United States of America. Anne E. Lopez served on 5/30/2025. (Heminger, Justin) (Entered: 06/30/2025)

SUMMONS Returned Executed by United States of America. Joshua Booth Green served on 6/2/2025. (Heminger, Justin) (Entered: 06/30/2025)

SUMMONS Returned Executed by United States of America. Joshua Booth Green served on 5/30/2025. (Heminger, Justin) (Entered: 06/30/2025)

SUMMONS Returned Executed by United States of America. State of Hawaii served on 5/30/2025. (Heminger, Justin) (Entered: 06/30/2025)

Request for Entry of Default by United States of America. (Attachments: # 1 Declaration, # 2 Certificate of Service)(Heminger, Justin) (Entered: 06/30/2025)

NOTICE of Appearance by Lauren K. Chun on behalf of Joshua Booth Green, Anne E. Lopez, State of Hawaii on behalf of Joshua Booth Green, Anne E. Lopez, State of Hawaii. (Chun, Lauren) (Entered: 06/30/2025)

NOTICE of Appearance by Thomas J. Hughes on behalf of Joshua Booth Green, Anne E. Lopez, State of Hawaii on behalf of Joshua Booth Green, Anne E. Lopez, State of Hawaii. (Hughes, Thomas) (Entered: 06/30/2025)

NOTICE of Appearance by Caitlyn B. Carpenter on behalf of Joshua Booth Green, Anne E. Lopez, State of Hawaii on behalf of Joshua Booth Green, Anne E. Lopez, State of Hawaii. (Carpenter, Caitlyn) (Entered: 06/30/2025)

Defendants' ANSWER to 1 Complaint for Declaratory and Injunctive Relief by Joshua Booth Green, Anne E. Lopez, State of Hawaii.(Hughes, Thomas) (Entered: 06/30/2025)

EO: The Court reviewed 15 the Government's Request for Clerk to Enter Default Against Defendants (Request). According to the Request, State Defendants "have failed to appear or otherwise defend." However, the same day the Request was filed, attorneys for State Defendants appeared and filed an 19 Answer to the Complaint. In light of State Defendants' response to the complaint, albeit untimely, the Court DENIES 15 the Government's Request for Entry of Default. See Jennings v. Cnty. of Riverside, No. 5:19-01523 JFW (ADS), 2022 WL 19829433, at *1 (C.D. Cal. Oct. 31, 2022) ("Default may not be entered once a defendant has filed an answer." (citations omitted)); Thomas v. Mark Kuo, 2017 WL 3720752, at *1 (E.D. Cal. Aug. 29, 2017) ("[I]n light of the late answer, entry of default is inappropriate."). (MAGISTRATE JUDGE WES REBER PORTER) (jo) (Entered: 07/03/2025)

NOTICE of Appearance by Kalikoonalani Diara Fernandes on behalf of Joshua Booth Green, Anne E. Lopez, State of Hawaii on behalf of Joshua Booth Green, Anne E. Lopez, State of Hawaii. (Attachments: # 1 Certificate of Service)(Fernandes, Kalikoonalani) (Entered: 07/25/2025)

MOTION for Judgment on the Pleadings Kalikoonalani Diara Fernandes appearing for Defendants Joshua Booth Green, Anne E. Lopez, State of Hawaii (Attachments: # 1 Memorandum in Support of Motion, # 2 Appendix A, # 3 Appendix B, # 4 Certificate of Service)(Fernandes, Kalikoonalani) (Entered: 07/25/2025)

1 Memorandum in Support of Motion

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2 Appendix A

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3 Appendix B

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4 Certificate of Service

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EO: On July 25, 2025, Defendants State of Hawaii, Joshua Booth Green, and Anne E. Lopez filed:MOTION FOR JUDGMENT ON THE PLEADINGS. (ECF No. 22 ).Plaintiff shall file an Opposition on or before Monday, August 25, 2025.Defendants shall file a Reply on or before Monday, September 15, 2025.The Court will notify the parties in due course whether a hearing on the matter will be held in court, by video conference, or by telephone conference, or whether the matter will be decided without a hearing pursuant to District of Hawaii Local Rule 7.1(c). (SENIOR JUDGE HELEN GILLMOR)(rls) (Entered: 07/28/2025)

EO: In light of 22 Defendants' Motion for Judgment on the Pleadings, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 8/12/2025 to 11/4/2025 at 9:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER) (jo) (Entered: 07/29/2025)

First MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Judgment on the Pleadings Justin D. Heminger appearing for Plaintiff United States of America (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 )(Heminger, Justin) Modified on 8/25/2025 (eta). (Entered: 08/22/2025)

RESPONSE to Motion re 25 First MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Judgment on the Pleadings filed by Joshua Booth Green, Anne E. Lopez, State of Hawaii. (Attachments: # 1 Declaration of Lauren K. Chun, # 2 Certificate of Service)(Chun, Lauren) (Entered: 08/22/2025)

EO: On August 22, 2025, Plaintiff United States of America filed:PLAINTIFF'S FIRST MOTION FOR EXTENSION OF TIME. (ECF No. 25 ).Also on August 22, 2025, Defendant filed a Response in opposition (ECF No. 26 ).Plaintiff requests a 30-day extension to respond to Defendants' Motion for Judgment on the Pleadings from August 25, 2025, to September 24, 2025.Plaintiff's Motion for Extension of Time (ECF No. 25) is GRANTED.Plaintiff shall file an Opposition on or before Wednesday, September 24, 2025.Defendants shall file a Reply on or before Wednesday, October 22, 2025.The Court will notify the parties in due course whether a hearing on the matter will be held in court, by video conference, or by telephone conference, or whether the matter will be decided without a hearing pursuant to District of Hawaii Local Rule 7.1(c). (SENIOR JUDGE HELEN GILLMOR)(rlfh) (Entered: 08/23/2025)

EO: In light of the pending 22 Motion for Judgment on the Pleadings, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 11/4/2025 to 12/15/2025 at 9:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER)(wrp1) (Entered: 08/25/2025)

MEMORANDUM in Opposition re 22 MOTION for Judgment on the Pleadings filed by United States of America. (Heminger, Justin) (Entered: 09/24/2025)

REPLY re 22 MOTION for Judgment on the Pleadings, 29 Memorandum in Opposition to Motion filed by Joshua Booth Green, Anne E. Lopez, State of Hawaii. (Fernandes, Kalikoonalani) (Entered: 10/22/2025)

EO: On September 30, 2025, funding for the United States Department of Justice expired and appropriations lapsed. As of October 1, 2025, some federal government workers have been placed in furlough status pursuant to 5 U.S.C. § 7511(a)(5). Other federal government employees are limited in their roles pursuant to 31 U.S.C. §§ 1341, 1342. The Parties shall address whether the current lapse in appropriations affects proceedings in this case. Plaintiff shall file its Response on or before Friday, November 21, 2025. Defendants shall file their Response on or before Friday, December 5, 2025. (SENIOR JUDGE HELEN GILLMOR)(rlfh) (Entered: 11/06/2025)

EO: The Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 12/15/2025 to 2/2/2026 at 9:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER) (jo) (Entered: 11/07/2025)

RESPONSE re 31 Link,,, and Application for Hearing on Rule 12(c) Motion (ECF 22) filed by United States of America. (Heminger, Justin) (Entered: 11/21/2025)

RESPONSE re 31 Link, 33 Response to November 6, 2025 Order [ECF No. 31] and Plaintiff's Application for Hearing [ECF No. 33] filed by Joshua Booth Green, Anne E. Lopez, State of Hawaii. (Attachments: # 1 Certificate of Service)(Fernandes, Kalikoonalani) (Entered: 11/21/2025)

EO: Hearing on Defendants' Motion for Judgment on the Pleadings, ECF No. 22, is set for Tuesday, January 27, 2026 at 10:30 a.m. before SENIOR JUDGE HELEN GILLMOR. Parties should consult the court's digital calendar on the hearing date for the courtroom assignment. (SENIOR JUDGE HELEN GILLMOR)(rlfh) (Entered: 11/24/2025)

EO: At the request of counsel and for good cause shown, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 2/2/2026 to 3/17/2026 at 8:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER) (jo) (Entered: 01/13/2026)

EO: I. Procedural History On April 30, 2025, the United States of America filed a Complaint in the United States District Court for the District of Hawaii, seeking Declaratory and Injunctive Relief. (ECF No. 1 ). The lawsuit brought by the United States requests an injunction to prevent the State of Hawaii from suing private fossil fuel companies for alleged harms related to climate change. The day after the Complaint was filed here, on May 1, 2025, the State of Hawaii filed a lawsuit against various private entities in Hawaii State Court in State of Hawaii, ex rel. Anne E. Lopez, Attorney General v. BP P.L.C.; BP America Inc.; BP Products North America Inc.; Chevron Corp.; Chevron USA Inc.; Exxon Mobil Corp.; ExxonMobil Oil Corporation; Shell P.L.C.; Shell USA, Inc.; Equilon Enterprises LLC d/b/a Shell Oil Products US; Shell Trading (US) Company; Sunoco LP; Aloha Petroleum, Ltd.; Aloha Petroleum LLC; ConocoPhillips; ConocoPhillips Company; Phillips 66; Phillips 66 Company; Woodside Energy Hawaii Inc. f/k/a BHP Hawaii Inc.; American Petroleum Institute; and DOES 1-100, Inclusive, 1CCV-25-0000717, Circuit Court of the First Circuit, State of Hawaii. (State Court Complaint, attached as Ex. A to Def.'s Motion for Judgment on the Pleadings, ECF No. 22-2). In the case before this Court, on July 25, 2025, the State of Hawaii Defendants filed a Motion for Judgment on the Pleadings. (ECF No. 22 ). On July 28, 2025, the Court issued a briefing schedule. (ECF No. 23 ). On August 22, 2025, the United States filed a Motion for Extension of Time to File its Opposition, which was granted. (ECF Nos. 25, 27 ). On September 24, 2025, the United States filed its Opposition to the State of Hawaii Defendants' Motion for Judgment on the Pleadings. (ECF No. 29 ). On October 1, 2025, the United States Government shut down. On October 22, 2025, the State of Hawaii Defendants filed their Reply to the Opposition to the Motion. (ECF No. 30 ). On November 12, 2025, the United States Government reopened. On November 24, 2025, the Court set a hearing on the Defendants' Motion for Judgment on the Pleadings for January 27, 2026. (ECF No. 35 ). Upon the Court's review of the pleadings in this case, it finds additional briefing is required.II. Hearing Is Vacated The hearing set for Tuesday, January 27, 2026, at 10:30 a.m., is VACATED. The Court requires additional briefing to address issues raised by the Parties' pleadings on the Defendants' Motion (ECF No. 22). The Court will issue a briefing schedule indicating the information necessary to proceed. (SENIOR JUDGE HELEN GILLMOR)(rlfh) (Entered: 01/22/2026)

NOTICE of Supplemental Authority; Exhibit 1; Certificate of Service by Joshua Booth Green, Anne E. Lopez, State of Hawaii (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Fernandes, Kalikoonalani) Modified docket text on 1/27/2026 (cib). (Entered: 01/26/2026)

1 Exhibit 1

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2 Certificate of Service

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EO: Additional briefing is required to address the issues raised in the filings on Defendants' Motion for Judgment on the Pleadings.The Court orders briefing on the following issues: (1) Is The Plaintiff United States of America Seeking Leave To Amend The April 30, 2025 Complaint? The Complaint in this case was filed on April 30, 2025, a day prior to the State of Hawaii filing its lawsuit in State of Hawaii, ex rel. Anne E. Lopez, Attorney General v. BP P.L.C. et al., 1CCV-25-0000717, Circuit Court of the First Circuit, State of Hawaii. In the Complaint, the United States asserts, "[t]he specific theories on which Hawaii would sue are known only to Hawaii, but the goal of the lawsuit is clear--to extract large sums of money from fossil fuel companies for purportedly causing climate change impacts to Hawaii." (Complaint at p. 6, ECF No. 1 ). The State of Hawaii Defendants argue that "[w]hen the United States filed its Complaint, it imagined the contours of Hawaii's yet-to-be-filed State Action complaint. Those prognostications proved incorrect. The State does not seek to impose strict (or any other) liability on fossil fuel companies for their lawful production and sale of fossil fuels, nor for any entitys lawful emissions." (Def.'s Reply at p. 8, ECF No. 30 ). The United States' Opposition to the Defendants' Motion for Judgment on the Pleadings did not address whether it is requesting leave to amend the Complaint given the content of the complaint filed in the State Action. Plaintiff shall address the question of leave to amend the Complaint or why it believes amendment is not necessary to address the issues raised in the Defendants' Motion for Judgment on the Pleadings. (2) Effect of City & Cnty. of Honolulu v. Sunoco LP, et al., 537 P.3d 1173 (Haw. 2023) The Parties shall address the effect of the decision of the Hawaii Supreme Court in City & Cnty. of Honolulu v. Sunoco LP, et al., 537 P.3d 1173 (Haw. 2023), which ruled that the Clean Air Act did not preempt the Hawaii state law tort claims brought in that case against fossil fuel companies. Does the Rooker-Feldman doctrine, res judicata, or claim preclusion have application to this case? (3) Intervention In Underlying State Action In their Motion for Judgment on the Pleadings, the State of Hawaii Defendants argue that equity is only available when legal remedies are inadequate. Defendants assert that "[t]he United States cannot satisfy this prerequisite because it cannot establish that it lacks an adequate remedy at law until it exhausts opportunities to intervene in the State Action." (Def.'s Motion at pp. 23-24, ECF No. 22-1). Does the United States intend to seek intervention in the State Action: State of Hawaii, ex rel. Anne E. Lopez, Attorney General v. BP P.L.C. et al., 1CCV-25-0000717, Circuit Court of the First Circuit, State of Hawaii? If intervention is permitted, would the United States be able to seek the equitable relief sought here in the action in State Court? (4) All Writs Act And Declaratory Judgment Act The State of Hawaii Defendants argue that neither the All Writs Act nor the Declaratory Judgment Act provide a basis for the United States to seek equitable relief. (Def.'s Motion at pp. 21-22 and n. 7, ECF No. 22-1). The United States does not specifically address the arguments raised by the State of Hawaii Defendants regarding the All Writs Act and the Declaratory Judgment Act in its Opposition. The United States shall address how these statutesprovide the authority for a federal court to grant equitable relief. (5) United States v. Michigan, No. 1:25-CV-496, 2026 WL 194031 (W.D. Mich. Jan. 24, 2026) The Parties shall explain how the reasoning of theopinion in United States v. Michigan, No. 1:25-CV-496, 2026 WL 194031 (W.D. Mich. Jan. 24, 2026), issued on January 24, 2026, relates to the case before the Court here. III. Briefing Schedule Plaintiff shall file its Supplemental Brief on orbefore Wednesday, February, 25, 2026. Defendants shall file their Response on or beforeThursday, March 12, 2026. (SENIOR JUDGE HELEN GILLMOR)(rlfh) (Entered: 02/11/2026)

RESPONSE re 39 Supplemental Brief in Response to the Court's Questions filed by United States of America. (Heminger, Justin) (Entered: 02/25/2026)

EO: The Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 3/17/2026 to 5/4/2026 at 9:00 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER)(wrp1) (Entered: 03/02/2026)

Supplemental Brief re 39 Link,,,,,,,,,,,,,,,,,,,,, Set Ripe Deadline,,,,,,,,,,,,,,,,,,,, of Defendants. (Fernandes, Kalikoonalani) (Entered: 03/12/2026)

ORDER Granting Defendants' Motion for Judgment on the Pleadings (ECF No. 22 ) Defendants State of Hawaii, Governor Green, and Attorney General Lopez's Motion for Judgment on the Pleadings (ECF No. 22 ) is GRANTED.The Complaint (ECF No. 1 ) is DISMISSED WITH PREJUDICE. The Clerk of Court is ORDERED to enter Judgment in favor of the Defendants and to CLOSE THE CASE. Signed by SENIOR JUDGE HELEN GILLMOR on 4/15/2026. (cib) (Entered: 04/15/2026)

CLERK'S JUDGMENT re 43 ORDER Granting Defendants' Motion for Judgment on the Pleadings (ECF No. 22 ). (cib) (Entered: 04/15/2026)