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It’s Time For Hawaii To Make Climate Polluters Pay 

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It’s Time For Hawaii To Make Climate Polluters Pay 


The government has the responsibility to fight for residents and hold bad actors accountable.

This Halloween, the Hawaii Supreme Court issued a blow against big oil corporations. Their decision allows for a jury of Hawaii residents to determine the current and future damages to Honolulu caused by the coordinated, decades-long disinformation campaign of oil companies to prevent climate action.

Since the lawsuit was filed in 2020, the defendants have tried to get Honoluluʻs case dismissed on a number of grounds. They argued that their oil businesses do not fall within Hawaii state court jurisdiction and that there is no public nuisance claim for a climate damages case under Hawaii law.

The highest court in our state has now rejected these arguments.

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This victory brings us a little closer to having oil and gas companies pay their fair share, but it is only for damage to county property and infrastructure. Maui County has filed a similar lawsuit.

Neither address costs to the state of Hawaii for damage to highways, harbors and other state infrastructure due to sea level rise; for loss of marine resources due to ocean acidification and ocean warming; for the need to air condition our schools, libraries and other state buildings; for the monumental costs of recovering from more frequent and more intense disasters such as the fire that devastated Lahaina; and more.

The Hawaii Attorney General’s Office could play a key role in forcing oil and gas companies to pay their fair share for polluting the climate. (Cory Lum/Civil Beat/2016)

It is now time for the state of Hawaii to file their own lawsuit. The progress of the Honolulu case in Hawaii courts and the U.S. 9th Circuit Court of Appeals have set a very helpful precedents for a state case. It is now clear that such a case can indeed be heard in state court.

Also, the highest court in the state has set a precedent for other cases with similar tort claims against the same defendants for the same purposeful climate deception.  

The Hawaii Office of Attorney General actually has more legal avenues than the county to hold bad actors accountable, especially with regard to the consumer protection statute. In addition to suing in order to be made whole for property and infrastructure damage like the county has, the state can also sue for deceptive practices which harm consumers.

There can be statutory fines and other relief ordered by the court for every proven instance of misleading advertisement or other unfair business practice, including an order forcing the businesses to stop disseminating misinformation about the role of their products play in climate change.

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The government has the responsibility to fight for residents and hold bad actors accountable. Nine other state attorney generals have filed suits so far.

The attorney general’s office has filed briefs in support of both the Honolulu and Maui cases. They have communicated that they are not opposed to a state lawsuit, but they are stretched thin, in part due to additional work from the Maui wildfires.

The sooner we start, the sooner compensation from oil companies can help Hawaii.

They need staff to engage and interface with a third party law firm who has developed expertise in this area, such as the one representing both Honolulu and Maui Counties.

We cannot afford to delay. We are already shouldering the costs of climate change.

Responding to the devastation and cost of the Lahaina fire will take away from many other important needs in our 2024 state budget. While the cause of the fire is still being investigated, we know the scale and damage were heightened by climate change.

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Litigation takes time, so the sooner we start, the sooner compensation from oil companies can help Hawaii with the immense financial burdens of climate change.

A successful climate accountability lawsuit could also help us prepare to confront the impacts of the climate crisis head on, instead of only acting reactively after disasters devastate our communities.





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Hawaii

Hawaii nonprofits brace for less federal funding

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Hawaii nonprofits brace for less federal funding


HONOLULU (HawaiiNewsNow) – Hawaii nonprofits that provide critical social safety nets are facing economic hardship of their own.

President-elect Donald Trump’s new Department of Government Efficiency (DOGE) is expected to slash federal appropriations, government contracts and grant awards, and heavily impact social services across the state.

Melissa Pavlicek, Hawaii True Cost Coalition, explained, “The community-based organizations that are providing key government services are already struggling to provide those services. Some of their contract prices have not increased in over 10 years. The cost to provide those services is significantly greater. The transportation costs, rent, employees, food, everything has gone up. And to serve the community costs more. So we’re looking to our state policy leaders to help ensure those services are continued.”

To mitigate the potential fallout or disruption of services, nonprofit leaders are working to fill the gaps with the help of lawmakers, private donors, philanthropy, corporate foundations and residents themselves.

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Suzanne Skjold, Aloha United Way COO, said, “Whether that’s helping your neighbor, maybe donating to a charity that is losing a program, even getting involved politically, locally, you know, voting matters. Being involved in our legislature matters.”

“The slack really has to be picked up by the state and county governments as well as the private sector,” warned U.S. Rep. Ed Case, D-Hawaii, “and so these are gonna be tough times and I’m telling everybody, hey, let’s, not sugarcoat this. We have to be prepared for the unexpected.”

Another concern is legislation that some believe if passed could be used to target progressive nonprofits opposed by the Trump administration.

For now, community advocates are urged to keep calm.

Case said, “The first thing I would advise everybody is not to freak out. That we have been through changes in administration before. That these are core federal programs that within Congress, even a divided and polarized Congress, many, many people from both parties support these programs.”

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“We want to make sure Hawaii doesn’t become the kind of place where we lead in a way that’s hateful to others,” Skjold said.



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Visitors warned after toddler nearly runs off 400-foot cliff near Hawaii volcano

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Visitors warned after toddler nearly runs off 400-foot cliff near Hawaii volcano


The National Park Service is warning parents to keep their children close after a toddler ran toward the edge of a 400-foot-tall cliff at Hawaii National Park on Christmas.

The young boy was at the park with his family to view the eruption of the Kilauea volcano. They were in a closed area at Kilauea Overlook when he wandered away from his family before the “near miss.” His mother, screaming, managed to grab him just about a foot away from a fatal fall.

“Park rangers remind visitors to stay on trail, stay out of closed areas and to keep their children close, especially when watching Kīlauea from viewpoints along Crater Rim Trail. Those who ignore the warnings, walk past closure signs, lose track of loved ones, and sneak into closed areas to get a closer look do so at great risk,” the agency warned.

People watch as an eruption takes place on the summit of the Kilauea volcano in Hawaii on Monday. The volcanic eruption, which started on Monday, is now in its second pause. But, park officials are issuing a warning to visitors after an almost disastrous incident occurred near the volcano

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People watch as an eruption takes place on the summit of the Kilauea volcano in Hawaii on Monday. The volcanic eruption, which started on Monday, is now in its second pause. But, park officials are issuing a warning to visitors after an almost disastrous incident occurred near the volcano ((Janice Wei/NPS via AP))

Rangers noted that dangers escalate during volcanic eruptions, as people flock to view the spectacle of lava flowing out of the Earth’s crust. The Park Service urged drivers to slow, and watch out for pedestrians, Hawaiian geese, and switch to low beams when other cars and pedestrians are present.

The eruption, which started on December 23, is now in its second pause, according to the USGS Hawaiian Volcano Observatory. But, it could still restart at any time.

Furthermore, emissions of toxic gas remain high, including particulate matter called tephra. Billions of minuscule pieces of tephra, which include all fragments of rock ejected into the air by an erupting volcano, can be carried on winds for thousands of miles and can cause respiratory issues. Volcanoes also produce dangerous gases, like carbon dioxide and hydrogen chloride.

Tephra has blanketed the closed portion of Crater Rim Drive downwind of the lava.

Lava fountains erupt in Kīlauea crater as seen from Kūpinaʻi Pali in Hawaii Volcanoes National Park on Monday. Hazards increase for parkgoers during volcanic eruptions

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Lava fountains erupt in Kīlauea crater as seen from Kūpinaʻi Pali in Hawaii Volcanoes National Park on Monday. Hazards increase for parkgoers during volcanic eruptions (NPS)

“The hazards that coincide with an eruption are dangerous, and we have safety measures in place including closed areas, barriers, closure signs, and traffic management,” Park Superintendent Rhonda Loh said in a statement.

“Your safety is our utmost concern, but we rely on everyone to recreate responsibility. National parks showcase nature’s splendor but they are not playgrounds,” she said.



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Hawaii Supreme Court rejects county council candidate’s election lawsuit

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Hawaii Supreme Court rejects county council candidate’s election lawsuit


HONOLULU (HawaiiNewsNow) – The state Supreme Court has rejected a lawsuit by Maui County Council candidate Kelly King to overturn the general election results.

King lost her race last month to incumbent Tom Cook by 97 votes.

She argued the county rejected too many ballots because of missing or invalid signatures, and that voters weren’t offered enough help to fix the problems.

In Maui County, there were nearly 1,100 deficient ballots compared to the national average. King says Maui County’s rejection rate was nearly double the state average in 2022.

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But the high court ruled Tuesday that the County Clerk’s Office followed state law and all administrative rules to cure the deficient ballots.

View the full decision here.

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