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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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Mind-bending mural brings greenery into the city

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Mind-bending mural brings greenery into the city


HONOLULU (HawaiiNewsNow) – A new optical illusion is taking shape in Kalihi.

Commissioned by Kamehameha Schools, the mural will feature plants and trees native to the area. The artwork aims to highlight how forestry can exist within urban areas.

Coincidentally, the new artwork sits adjacent to one of Kalihi’s most famous murals: Wave 01/101.

The artist Kai’ili Kaulukukui plays with depth and shadow, creating an optical illusion on the flat face of a building.

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“The painting style is called ” trompe-l’œil”, it means ‘trick the eye’,” says Kaulukukui. “It’s been around for 2000 years. They have images of trompe-l’œil style murals at Pompeii, so it’s a very old style.”

Kaulukukui said he’s always been intrigued by the art style, though this is his first time painting it.

“They’re both kind of environmental themed murals,” he said. “This is bringing an image of what a forest could look like in the city. That is like an homage to Pipeline and our beautiful waves that we have here.”

The 55-foot-tall mural is expected to be completed by Sunday, May 31.

After this project, Kaulukukui will start an ocean-themed mural just one street over, bringing a bit more nature into urban Honolulu.

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Copyright 2026 Hawaii News Now. All rights reserved.



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County housing official sentenced to nearly 4 years in prison – West Hawaii Today

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County housing official sentenced to nearly 4 years in prison – West Hawaii Today


A former Hawaii County housing development specialist was sentenced Thursday in federal court to 46 months in prison for taking bribes to facilitate a multimillion-dollar affordable housing credits scam.

Alan Scott Rudo, 59, who now lives in Cathedral City, Calif., was given until July 9 to surrender to the federal Bureau of Prisons when he was sentenced by U.S. District Judge Jill Otake in Honolulu.

Otake also ordered Rudo to pay $483,265 in a forfeiture judgment.

In a deal with prosecutors, Rudo pleaded guilty in August 2022 to conspiracy to commit honest services wire fraud and admitted to accepting about $1.9 million in bribes from Hilo attorneys Paul Sulla Jr. and Gary Zamber and former Big Island businessman Rajesh Budhabhatti, who now lives in Morrow Bay, Calif.

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In return, Rudo agreed to use his official position in the Office of Housing and Community Development to ensure the county approved three affordable housing agreements (AHAs) benefiting the defendants’ development companies, Luna Loa Developments LLC, West View Developments LLC and Plumeria at Waikoloa LLC.

Through those AHAs, the development companies fraudulently raked in more than $11 million worth of land and excess affordable housing credits (AHCs).

Sulla, 79, Zamber, 56, and Budhabhatti, 65, were charged with conspiracy to commit honest services wire fraud and nine counts of honest services wire fraud. Sulla was also charged with money laundering.

Rudo was the prosecution’s star witness at their trial, and on June 4, 2025, a federal jury in Honolulu convicted all three on all charges.

Zamber was sentenced on Jan. 30 to 70 months in prison. Budhabhatti was sentenced on Feb. 6 to 90 months in prison. And Sulla was sentenced on April 23 to 60 months in prison.

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Zamber’s and Sulla’s law licenses also have been suspended, prohibiting them from practicing law in Hawaii.

“This sentencing marks the closing of an unfortunate chapter and underscores the importance of strong internal controls, clear segregation of duties, and effective program oversight,” said county Housing Administrator Kehaulani Costa in a statement. “The Office of Housing and Community Development remains committed to strengthening accountability and program integrity through enhanced compliance monitoring, improved documentation practices, and continued staff professional development.

“We are proud of the work undertaken to implement stronger safeguards, increase transparency, and reinforce public trust in the delivery of affordable housing programs serving Hawaii Island communities.”

A series of articles by Hilo resident Pat Tummons in her Environment Hawaii newsletter exposed questionable dealings in OHCD that ultimately led to an FBI investigation that resulted in these convictions.

When announcing charges in July 2022, then-U.S. Attorney Clare Connors praised the reporting by Environment Hawaii that first raised red flags about Rudo’s and his co-defendants’ schemes and, she said, led a county employee to alert the FBI.

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The resultant public flap caused the County Council to order an internal audit, which in 2013 found OHCD had “inadequate internal controls” over its affordable housing credits program.

Costa said OHCD has since “strengthened internal controls, enhanced oversight and compliance monitoring, improved documentation and review procedures, expanded staff training, and implemented additional safeguards to support greater accountability, transparency, and long-term program integrity.”

Email John Burnett at john.burnett@hawaiitribune-herald.com.





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An eclectic, off-grid Hawaii haven, 3 dead men and a suspect caught on surveillance video

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An eclectic, off-grid Hawaii haven, 3 dead men and a suspect caught on surveillance video


HONOLULU (AP) — For residents of Puna, a remote and eclectic part of Hawaii’s Big Island, the killings of three men known for embracing the community’s off-grid, free-spirited lifestyle became a startling reminder of its struggles too.

Nearly 24 hours after Jacob Baker was arrested, residents were struggling to understand what happened and were eager for answers on why authorities zeroed in on the 36-year-old as their suspect in the killings of the men who were all nearing or in their 70s.

Baker remained jailed on suspicion of murder, burglary and other charges.

Court records show Baker having repeated run-ins with police for a variety of offenses. And people who live in Puna told The Associated Press that their concern about Baker in recent days accelerated, portraying him as increasingly threatening.

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Baker is accused of being involved in the deaths of three men: a 69-year-old man found partially submerged in a cement pond, a 79-year-old man who was found just a few hundred feet (meters) away, and a third man, also 69, whose body was found about 19 miles (31 kilometers) away. As of Friday, prosecutors had not yet filed charges.

Police identified the first victim as Robert Shine and the third victim as John Carse. The name of the 79-year-old man was pending positive identification but friends identified him as Chitta Morse.

Hawaii Police Chief Reed Mahuna said investigators had not found any connections among the victims, other than two of them lived near each other.

Fixtures at drum circles

Friends of Shine and Morse say the men moved to Puna for its off-grid, tropical and communal lifestyle.

Shine enjoyed dancing and swaying to the beat at drum circles, usually on Sunday afternoons, said Donald Hyatt, a drummer.

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Hyatt last saw Shine at a party last month. A local rock-and-roll band was playing and Shine was dancing around.

“He was dancing like he loved life,” Hyatt recalled. “Bob had a permanent smile. Always in good spirits.”

Morse moved from Van Nuys, California 40 years ago “to live off-grid and to live in a warm tropical place, and to eat fruit,” said friend Jezuz Cinderland. “For 40 years he only ate raw food. Since he got to the island he just went completely raw and this was just the right environment for him to do it.”

On land rich with volcanic soil on Papaya Farms Road, Morse had what Cinderland called a “fruit forest,” growing things like coconut, avocado and durian.

“He would just share all the fruit he had,” Cinderland said. “The most fabulous abundance that you can imagine.”

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While Morse had previously been a member of the raw-food commune Cinderland moved to Puna to join, in recent years Morse was a loner, Cinderland said.

Shine was a member of Cinderland’s commune, which has been shuttered by the county for various code violations, Cinderland said.

Work-trade life

Janelle Honer, who also grew fruit on Papaya Farms Road, seems to be what connected Baker to the men, who often attended pot luck dinners and parties on Honer’s property.

Baker had been living on Honer’s property in exchange for climbing and trimming coconut trees, her ex-husband, Stephen Shaffer said. Trading work for living accommodations is common in Puna.

Hyatt said Baker left the cabin he was living in on Honer’s property months ago but returned recently claiming “squatter’s rights” and threatened Honer. Hyatt said he urged her to seek a restraining order.

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The slayings happened just days after two women requested temporary restraining orders against Baker, saying he had threatened and harassed them at a farm. One woman was staying there and the other co-owned it. A judge denied both applications, saying there was not enough proof of harassment.

No attorney was listed for Baker, who had 20 other cases in the court record in the past two decades, many of them traffic infractions. In most of those cases, Baker represented himself.

Honer, who Shaffer said was traveling out of the country, couldn’t be reached for comment.

A memorial for the men was planned for Saturday next to Honer’s place.

Puna is one of the few places in Hawaii where there’s affordable land, and the area’s infrastructure hasn’t kept up with its growth, said Ashley Kierkiewicz, who represents Puna on the county council.

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While Puna has a reputation as a quirky frontier, it’s also a place rich in culture where people are resilient and lean on each other, she said.

Puna, with its landscape that’s a mix of lush jungle and barren lava-rock fields, also struggles with drugs, poverty and limited resources, said longtime resident Tiffany Edwards Hunt.

“People have this mistaken impression that they can come to Hawaii and heal,” she said. “Hawaii can either really be kind to you or it can chew you up and spit you out.”

Surveillance cameras aid capture

Mark Wyatt and Richard Valdez played a key role in Baker’s capture, calling the police when their surveillance camera system pinged Valdez’s phone and it showed Baker on their property on Thursday. Their property is about a half-mile from Carse’s home, but they didn’t know him well.

The videos show Baker, shirtless and barefoot, with a dog walking near a road and getting down on the ground as cars went by, in an apparent attempt to avoid being seen.

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“He was ducking from the traffic, so it was pretty obvious” that he was trying to avoid being found, Valdez said.

Authorities arrested Baker a short distance away after finding him in a small cave, police said.

Wyatt said he believed Baker had been hiding near his property in a small, makeshift camping spot over a bluff overlooking the ocean. He said Baker stole couch cushions from a container outside his home and some charcoal, and Baker used coconut tree palm fronds to cover the site.

Valdez said he hadn’t seen Baker in about two years. Back then, he said, Baker was living next door to them, renting space from their neighbor while trimming coconuts from trees and selling them just off the area’s main road. He lived next door for about six months, Valdez said.

“He told me he was from Maui and that he had just had a newborn baby and his girlfriend had left and that he was trying to get his life together,” Valdez said. “So he seemed pretty normal and conscientious, so it’s hard to fathom that this happened.”

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___

Collins reported from Hartford, Connecticut.





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