On January 13, 2025, the Supreme Court declined to hear important cases about greenhouse-gas litigation. The decision was a setback for WLF, which filed an amicus brief in the case urging review. 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 explained why, despite passage of the Clean Air Act, federal common law still controls claims about interstate and international greenhouse-gas emissions. The brief also explained the devastating consequences of allowing the Hawaii Supreme Court’s decision to stand.

Documents:

Amicus brief