Hawaii

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

Published

3 months ago

October 12, 2024

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.

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.”

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.

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.

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.

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.

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

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.

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.

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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Hawaii

Hawaii’s 35-foot waves could close roads

Published

7 hours ago

January 17, 2025

Press Room

Hawaii’s 35-foot waves could close roads

National Weather Service (NWS) meteorologists are warning that dangerous surf along Hawaii’s north- and west-facing shores will be strong enough to potentially cause road closures near the affected shores.

Why It Matters

Hawaii is a popular destination, and the NWS Honolulu office is warning tourists and residents alike to stay away from the shoreline along the north- and west-facing shores of Niihau, Kauai, Oahu, Molokai and the north-facing shores of Maui. Surf as high as 35 feet is likely to surge and sweep across beaches, coastal benches and lava flows, impacting coastal properties and even infrastructure and roadways.

A stock photo of large, breaking waves. Hawaii surf is expected to reach up to 35 feet on January 17 at some shores.

joshuaraineyphotography/Getty

What To Know

A high surf warning was issued early Friday morning and will remain in place until Saturday morning.

The strong waves are caused by a large northwest swell that is expected to peak Friday afternoon and evening. In addition to the high surf, the swell will cause “powerful longshore and rip currents” at most beaches.

Harbor entrances could be impacted by large breaking waves and strong currents, the high-surf warning said, and channels also could be impacted, leading to challenging boat handling.

Surf will be highest for north-facing shores at 25 to 25 feet. West-facing shores are expecting surf of 18 to 22 feet.

The swell is originating from the northwest Pacific Ocean between Hawaii and Japan. Swells are normal for the Aloha State this time of year, but the typical surf size is 18 feet, making the ongoing surf higher than normal.

A small craft advisory is also in place, warning boaters that sea conditions could be hazardous to small craft.

What People Are Saying

NWS meteorologist Derek Wroe told Newsweek: “There are some areas that are more vulnerable than others. Certain areas that the beach is a bit lower. If there’s a road that’s close to it, sometimes waves will surge, run up the beach and push onto the road. It’s not very unusual for us to get surf of this size in January.”

NWS Honolulu, in a high-surf warning: “Stay away from the shoreline along the affected coasts. Be prepared for road closures. Postpone entering or leaving channels affected by the high surf until the surf subsides.”

What Happens Next

The high-surf warning is expected to expire by 6 a.m. local time Saturday morning.

In addition to the high surf, rain showers are expected on Friday as a cold front pushes down the island chain, according to the NWS Honolulu forecast. Another cold front is expected by the middle of next week, increasing the chance of rain and thunderstorms.

Wroe said there are no significant swells on the horizon that could prompt a high surf warning in the coming week.

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Hawaii

Fentanyl bust leads to 10-year prison sentence on Hawaii Island

Published

14 hours ago

January 17, 2025

Press Room

Fentanyl bust leads to 10-year prison sentence on Hawaii Island

HONOLULU (HawaiiNewsNow) – After being found with 71 fentanyl pills in Hilo, Cody Araw is now sentenced to 10 years in prison.

Officers arrested the 32-year-old from Pepeekeo outside the Suisan Warehouse in April 2024.

Araw later pled guilty to possession of fentanyl and heroin.

71 fentanyl pills is equivalent to about 4,000 lethal doses.

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Hawaii

Nurses, advocates call for mandated patient care standards in Hawaii

Published

22 hours ago

January 16, 2025

Press Room

Nurses, advocates call for mandated patient care standards in Hawaii

HONOLULU (HawaiiNewsNow) – Nurses and advocates rallied at the state Capitol Thursday for the need to improve patient care and strengthen Hawaii’s health care system.

Representatives from Hawaii’s three major nurses unions — the Hawaii Nurses’ Association, Hawaii Nurses and Healthcare Professionals, and the United Nurses and Health Care Employees of Hawaii — were joined by legislators, and labor and community leaders.

Their call includes legislation aimed at ensuring safer staffing and enhancing patient safety and quality of care in hospitals.

State Rep. Sean Quinlan, House majority leader, says he’s introducing what’s called the Hawaii Safe Staffing Proposal, which would establish enforceable patient-to-nurse ratios, ensure transparency, and improve accountability in hospital staffing practices.

“Unfortunately, I know from my own experience in my life that nurses are such a critical part of any stay in a hospital, especially an extended stay, and I want to make sure that the public understands that this is not about the nurses. This is about the patients that they serve,” he said.

Advocates say Hawaii lacks vital protections, forcing health care workers to face systemic challenges that compromise patient outcomes.

Rosalee Agas-Yuu, RN, president of the Hawaii Nurses’ Association became emotional when talking about recent contact battles with Kapiolani Medical Center and The Queen’s Medical Center on Oahu, and now Wilcox Medical Center on Kauai.

“I’m listening to 140 nurses at Wilcox on Kauai fighting for the ratio, so please understand, this is important. We want it all equal across Hawaii,” Agas-Yuu said. “This is for the state of Hawaii. We shouldn’t have to fight like this at every battle. Every negotiation should be the same everywhere.”

Christian Fern, executive director, University of Hawaii Professional Assembly (UHPA) AFT Local 6625, said: “When our keiki or kupuna enter a hospital, we shouldn’t have to worry whether a nurse will be available to give them the attention they need for their recovery or to identify symptoms that require immediate intervention. That’s what we pay for. This law will sent a standard for all hospitals across our state and will ensure our ohana will receive quality care and ensure all of Hawaii’s valued nurses are treated fairly and equitably.”

The hospitals say patient safety is their top priority.

In a statement Tuesday, Wilcox Medical Center president and CEO Jen Chahanovich said in part: “Each medical center is different with its own support teams. Our Medical Surgical unit cares for a variety of conditions. That is why we are proposing to work together with our nurses to adjust staffing levels as needed through a staffing council using national standards.”

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