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Reason
Reason
Environment
Jonathan H. Adler

Are State Law Climate Change Tort Suits Preempted by Federal Law?

Honolulu, like many state and local governments around the country, is suing fossil fuel companies alleging a range of state-law torts related to climate change. The defendants in such cases have been trying to get the suits dismissed, or transferred to more favorable forums.

Initially the defendants sought to have the cases removed to federal court, but those efforts universally failed. Now they are trying to claim that the various state-law claims are preempted by federal law.

The Hawaii Supreme Court rejected the preemption claims in Honolulu v. Sunoco. Now Sunoco and the other defendants are seeking certiorari on the preemption claims.

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