Hawaii court buffers insurers from climate litigation costs

By Lesley Clark | 10/15/2024 06:17 AM EDT

The decision marks the first time a state supreme court has recognized greenhouse gases as pollutants.

Hawaii-themed ball caps sit on display at an Aloha Petroleum gas station.

Hawaii-themed ball caps sit on display at an Aloha Petroleum gas station. The Hawaii Supreme Court dealt the company a preliminary blow in its legal fight to get its insurers to help foot the costs of climate litigation. Aloha Petroleum (@AlohaGas)/Twitter

Hawaii’s top court has declared greenhouse gas emissions to be pollutants, a decision that could have repercussions for the oil and gas industry and insurers in climate lawsuits across the country.

The ruling last week is a preliminary win for two subsidiaries of insurance giant AIG that face legal claims from Aloha Petroleum for failing to honor their obligations to cover the costs the company faces to defend itself against two climate change lawsuits.

“This is not a personal injury case,” Judge Todd Eddins wrote for the Hawaii Supreme Court. “Rather, reducing greenhouse gas emissions is the most consequential environmental pollution issue our species has faced.”

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Aloha, a subsidiary Sunoco that markets gasoline and operates convenience stores across Hawaii, is one of several companies named in a pair of lawsuits filed by local officials that seek payment for the cost of dealing with climate change.

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