Preemption -- active



Sunoco LP v. City and County of Honolulu, Hawaii   (U.S. Supreme Court)

Applicable law for climate change lawsuit

On April 1, 2024, the NAM filed an amicus brief urging the U.S. Supreme Court to review a Hawaii Supreme Court decision allowing plaintiffs to pursue claims under state law that seek to hold energy companies liable for climate change. In this case, the trial court denied the defendants’ motion to dismiss the plaintiffs’ state law claims, arguing that the claims are preempted by federal common law or the Clean Air Act. The Hawaii Supreme Court affirmed that decision, reasoning that neither federal common law nor the CAA preempt the plaintiffs’ state law claims. Our brief urges the Court to grant the petition because the subject matter and remedies sought through this litigation are inherently national, as well as legislative and regulatory in nature—such complex policy matters should not be driven by individual state judges in individual state courtrooms applying (or misapplying) various state liability laws.


Related Documents:
NAM brief  (April 1, 2024)