April 17 (UPI) — A federal judge on Friday blocked a lawsuit against the state of Hawaii that the federal government filed to prevent it from suing oil companies.
The Department of Justice last year sued Hawaii to stop a suit against fossil fuel companies for the impact of climate change on the state, but Senior Judge Helen Gillmor of the U.S. District Court in Hawaii said they it has no standing, The Hill and The New York Times reported.
In the ruling, Gillmor said that an “abstract, theoretical future harm” is not a valid basis for a lawsuit because stating an intention to file suit — which the state’s governor declared on television that he planned to do — does not amount to “concrete harm” that would allow an entity to sue.
Gillmor blocked the lawsuit because the DOJ’s theory of harm would require predicting claims brought against unknown companies; predicting that the lawsuit would be successful; “guessing” that oil companies would react in specific way; and then hypothesizing that the reaction would somehow harm the United States’ commerce and future energy policy, she wrote in the 30-page decision.
The DOJ’s suit, which was filed by now-former Attorney General Pam Bondi, alleged that Hawaii’s action was a “burdensome and ideologically motivated” lawsuit that could cause “crippling damages” with the energy and climate policies the state allegedly is pursuing.
“We disagree with the Hawaii District Court’s ruling, which ignored Supreme Court precedent regarding the United States’ interest in the supremacy of federal law,” the DOJ’s principal deputy assistant attorney general Adam Gustafson said in a statement. “We are exploring all options.”