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A Supreme Court case in Hawaii could raise gas costs for us all

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A Supreme Court case in Hawaii could raise gas costs for us all


Aloha spirit be damned, the Hawaii Supreme Court has deemed the oil industry unwelcome in the state.

In a ruling late last year, the court affirmed that the city of Honolulu could file a lawsuit alleging that Sunoco, Exxon, ConocoPhillips, and an assortment of other companies have caused it injury via their products’ greenhouse gas emissions.

Now it may be up to the US Supreme Court to set the matter straight: Is climate change an area of special federal interest or can states give Big Oil the boot? If the latter, the outcome from 50 new sets of legal hoops is inevitably higher energy prices for all Americans.

A potential Supreme Court case involving oil giants in Hawaii could impact fuel costs for Americans far beyond the Aloha State. tomas del amo – stock.adobe.com

Honolulu’s core claim is that the oil companies’ “efforts between 1965 and the present to deceive about the consequences of the normal use of their fossil fuel products” constitute tortious conduct.”

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The chain of reasoning is that Sunoco et al have marketed and sold products that, when combusted, emit carbon dioxide and other gasses, exacerbating the greenhouse effect, warming the planet, melting glaciers, and causing sea levels to rise.

That rising water, the argument goes, has caused “historical, projected, and committed disruptions to the environment — and consequent injuries to the City.”

Honolulu’s claim underscores how difficult climate damage attribution really is. Yes, emissions add incrementally to sea level rise. But, no, we cannot attribute with confidence a portion of the cost of managing rising water to particular companies.

The case looks at whether major oil companies can be held responsible for their impact on Hawaii’s climate-related environmental changes. Andy Dean – stock.adobe.com

According to the US government’s Interagency Sea Level Task Force, the Hawaiian Islands are expected to experience 6-8 inches of sea level rise by 2050. That will surely require some coastal adaptation measures, as Honolulu says.

But what the City is slower to acknowledge is that factors other than sea level rise are playing a part in its troubles too — including its own land use and the unlucky fact that Hawaii’s volcanic geology is resulting in the islands sagging lower year by year.

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Mercifully, the Supreme Court wouldn’t be weighing in on the scientific technicalities of Honolulu’s tort claim, but rather on whether Hawaii — or any other state — has climate change authority at all.

Oil giant Sunoco is one of the major companies named in the Hawaii lawsuit. Christopher Sadowski

In June 2024, SCOTUS asked the Biden administration’s Solicitor General for the federal government’s opinion on the matter of federal preemption raised by the oil companies in their appeal of the Hawaii Supreme Court decision.

The appeal argues that federal law — namely the Clean Air Act — supersedes state law claims. As we near the end of the Biden presidency, a filing from the Solicitor General in favor or opposed to the Supreme Court taking up this appeal is imminent. 

If SCOTUS does so, how might the justices consider the constitutional questions at hand? Related air and water pollution cases suggest the oil companies have precedent on their side.

In 1987, the Rehnquist court decided in International Paper Company v. Ouellette that the Clean Water Act preempts a common-law nuisance suit filed in a Vermont court under Vermont law, when the source of the alleged injury was located in New York.

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In 2011, the Roberts court unanimously reached a similar decision in a Clean Air Act case, American Electric Power Company v. Connecticut.

George Mason University legal scholar Donald Kochan argues says the Hawaii case may need to be decided by the Supreme Court.

Justice Ruth Bader Ginsberg’s opinion for the court then, that “it is primarily the office of Congress, not the federal courts, to prescribe national policy in areas of special federal interest,” applies today just the same.

Most recently, in 2021, the US Court of Appeals for the Second Circuit upheld a federal district court decision in City of New York v. Chevron that a municipality cannot “utilize state tort law to hold multinational oil companies liable for the damages caused by global greenhouse gas emissions.”

As George Mason University legal scholar Donald Kochan argues, the 2023 Hawaii Supreme Court ruling that the City of Honolulu’s case could proceed creates just the kind of national legal dissonance that requires the US Supreme Court to step in. 

In rulings similar to the Hawaii case, Justice Ruth Bader Ginsberg noted that “it is primarily the office of Congress, not the federal courts, to prescribe national policy in areas of special federal interest.” Getty Images

Given the dispersed nature of the corporate actions in question, this is a federal matter, not a state matter. Hawaiians, like citizens of the other 49 states, are represented in House and Senate and can channel their political energy through federal legislation.

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If this case goes forward in Hawaii, it will jeopardize the national commercial market and legal framework that makes America, despite it all, the best big country in the world for productivity, wealth creation, and widely-shared prosperity. 

Jordan McGillis is the economics editor of City Journal.



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No. 3 Rainbow Warriors continue winning ways against No. 6 BYU | Honolulu Star-Advertiser

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No. 3 Rainbow Warriors continue winning ways against No. 6 BYU | Honolulu Star-Advertiser


The third-ranked Hawaii men’s volleyball team had no problem recording its 11th sweep of the season, handling No. 6 BYU 25-18, 25-21, 25-16 tonight at Bankoh Arena at Stan Sheriff Center.

A crowd of 6,493 watched the Rainbow Warriors (14-1) roll right through the Cougars (13-4) for their 11th straight win.

Louis Sakanoko put down a match-high 15 kills and Adrien Roure added 11 kills in 18 attempts. Roure has hit .500 or better in three of his past four matches.

Junior Tread Rosenthal had a match-high 32 assists and guided Hawaii to a .446 hitting percentage.

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UH hit .500 in the first set, marking the third time in two matches against BYU it hit .500 or better in a set.

Hawaii has won seven of the past eight meetings against the Cougars (13-4), whose only two losses prior to playing UH were in five sets.

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Hawaii has lost six sets all season, with five of those sets going to deuce.

UH returns to the home court next week for matches Wednesday and Friday against No. 7 Pepperdine.




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Travelers Sue: Promises Were Broken. They Want Hawaiian Airlines Back.

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Travelers Sue: Promises Were Broken. They Want Hawaiian Airlines Back.


Hawaiian Airlines’ passengers are back in federal court trying to stop something most people assumed was already finished. They are no longer arguing about whether they are allowed to sue. They are now asking a judge to intervene and preserve Hawaiian as a standalone airline before integration advances to a point this spring where it cannot realistically be reversed.

That approach is far more aggressive than what we covered in Can Travelers Really Undo Alaska’s Hawaiian Airlines Takeover?. The earlier round focused on whether passengers had standing and could amend their complaint. This court round focuses on whether harm is already occurring and whether the court should act immediately rather than later. The shift is moving from procedural survival to emergency relief, which makes this filing different for Hawaii travelers.

The post-merger record is now the focus.

When the $1.9 billion acquisition closed in September 2024, the narrative was straightforward. Hawaiian would gain financial stability. Alaska would impose what it described early as “discipline” across routes and costs. Travelers were told they would benefit from broader connectivity, stronger loyalty alignment, and long-term fleet investments that Hawaiian could no longer fund independently.

Eighteen months later, the plaintiffs argue that the outcome has not matched the pitch. They cite reduced nonstop options on some Hawaii mainland routes, redeye-heavy return schedules that many readers openly dislike, and loyalty program changes that longtime Hawaiian flyers say diminished redemption value. They frame these not as routine airline integration but as signs that competitive pressure has weakened in our island state, where airlift determines price and critical access for both visitors and residents.

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What is different about this filing compared with earlier debates is that it relies on developments that have already occurred rather than on predictions about what might happen later.

The HA call sign has already been retired. Boston to Honolulu was cut before competitors signaled renewed service. Austin’s nonstop service ended. Multiple mainland departures shifted into overnight red-eyes. And next, the single reservation system transition is targeted for April 2026, a process already well underway.

Atmos replaced both Hawaiian Miles and Alaska’s legacy loyalty programs, and readers immediately reported higher award pricing, fewer cheap seats, no mileage upgrades, and confusion around status alignment and family accounts. Each of those events can be described as aspects of integration mechanics, but together they form the factual record that the plaintiffs are now asking a judge to examine in Yoshimoto v. Alaska Airlines.

The 40% capacity argument.

One of the more interesting claims tied to the court filing is that Alaska now controls more than 40% of Hawaii mainland U.S. capacity. That figure strikes at the core of the entire issue. That percentage does not automatically mean monopoly under antitrust law, but it does raise questions about concentration in a state that depends exclusively on air access for its only industry and its residents.

Hawaii is not a region where travelers have options. Every visitor, every neighbor island resident, and every business traveler depends on our limited air transportation. The plaintiffs contend that consolidation at that scale reduces competitive pressure and gives the dominant carrier far more leverage over pricing and scheduling decisions. Alaska says that competition remains robust from Delta, United, Southwest, and others, and that share shifts seasonally and by route.

Competitors reacted quickly.

While Alaska integrated Hawaiian’s network under its publicly stated discipline strategy, Delta announced its largest Hawaii winter schedule ever, beginning in December 2026. Delta’s Boston to Honolulu is slated to return, Minneapolis to Maui launches, and Detroit and JFK to Honolulu move to daily service. Atlanta also gains additional frequency. Widebodies are appearing where narrowbodies once operated, signaling Delta’s push into higher capacity and premium cabin layouts.

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Those moves complicate the monopoly narrative. If Delta is expanding aggressively, one argument is that competition remains active and responsive. At the same time, Delta filling routes Alaska trimmed may reinforce the idea that structural changes created openings competitors believe are profitable, and that markets respond when gaps appear.

What changed since October.

In October, we examined whether the case would survive dismissal and whether passengers could refile. That moment felt more procedural than what’s afoot now. It did not alter flights, fares, or loyalty programs.

This filing is different because it is tied to post-merger developments and seeks emergency relief. The plaintiffs are asking the court to prevent further integration while the merits are evaluated, arguing that each added step toward full consolidation this spring makes reversal less feasible as systems merge, crew scheduling aligns, fleet plans shift, and branding converges.

Airline mergers are designed to become embedded quickly, and once those pieces are fully intertwined, unwinding them becomes exponentially more difficult, which is why the plaintiffs are pressing forward now rather than waiting any longer.

The DOT conditions and the defense.

When the purchase of Hawaiian closed, the Department of Transportation imposed conditions that run for six years. Those conditions addressed maintaining capacity on overlapping routes, preserving certain interline agreements, protecting aspects of loyalty commitments, and safeguarding interisland service levels.

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Alaska will point to those commitments as evidence that consumer protections were built into the core approval. The plaintiffs, however, are essentially claiming that those conditions are either insufficient or that subsequent real-world changes undermine the spirit of what travelers were told would remain. That tension between formal commitments and actual experience is at the core of this dispute.

Hawaiian had not produced consistent profits for years.

That is the actual financial situation, without sentiment. Alaska did not spend $1.9 billion to preserve Hawaii nostalgia. It purchased aircraft, an international and trans-Pacific network reach, and a platform it thinks can return to profitability under tighter cost control.

What this means for travelers today.

Nothing about your Hawaiian Airlines ticket changes because of this filing. Flights remain scheduled. Atmos remains the reward program. Integration continues unless a judge intervenes.

However, Alaska now faces a renewed court challenge that points to concrete post-merger developments rather than speculative harm. That scrutiny alone can bring things to light and influence how aggressively future route decisions and loyalty adjustments occur.

Hawaiian Airlines’ travelers have been vocal since the start about pricing, redeyes, lost nonstops, and loyalty devaluation. Others have said very clearly that without Alaska, Hawaiian might not exist in any form at all. Both perspectives exist as background while a federal judge evaluates whether the integration should be impacted.

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You tell us: Eighteen months after Alaska took over Hawaiian, are your Hawaii flights better or worse than before, and what changed first for you: price, schedule, routes, interisland flights, or loyalty programs?

Lead Photo Credit: © Beat of Hawaii at SALT At Our Kaka’ako in Honolulu.

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Lawsuit claims Hawaiian-Alaska Airlines merger creates monopoly on Hawaii flights

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Lawsuit claims Hawaiian-Alaska Airlines merger creates monopoly on Hawaii flights


HONOLULU (HawaiiNewsNow) – An effort to break up the Hawaiian and Alaska Airlines merger is heading back to court.

Passengers have filed an appeal seeking a restraining order that would preserve Hawaiian as a standalone airline.

The federal government approved the deal in 2024 as long as Alaska maintained certain routes and improved customer service.

However, plaintiffs say the merger is monopolizing the market, and cite a drop in flight options and a rise in prices.

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According to court documents filed this week, Alaska now operates more than 40% of Hawaii’s continental U.S. routes.

Hawaii News Now has reached out to Alaska Airlines and is awaiting a response.

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