Shell seeks review of a Hawaii Supreme Court decision allowing state tort law claims relating to climate change to move forward against Shell and other major oil companies. This is one of many climate change cases brought by state and local governments against oil companies in recent years. Shell argues that Hawaii tort law is preempted by federal law because climate change is a global issue. In June, the Supreme Court called for the views of the Solicitor General.
The Supreme Court denied cert on January 13, 2025.
Historic Climate Opinion and Its Potential Impact on U.S. Litigation
On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) issued a historic advisory opinion which held that State parties to the United Nations Convention on the Law of the Sea (UNCLOS) have concrete legal obligations to undertake efforts to mitigate climate change in order to prevent, reduce, and control pollution…
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