On April 1, 2024, WLF filed an amicus brief urging the Supreme Court to hear important cases about greenhouse-gas litigation. Splitting from the Second Circuit, the Hawaii Supreme Court held that claims about climate change arising from greenhouse-gas emissions are not exclusively governed by federal common law. WLF’s brief explains why, despite passage of the Clean Air Act, federal common law still controls claims about interstate and international greenhouse-gas emissions. The brief also explains the devastating consequences of allowing the Hawaii Supreme Court’s decision to stand.
Update: On June 10, 2024, the Supreme Court invited the Solicitor General to file a brief expressing the U.S. government’s views on the petition for certiorari.
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