(Legal Newsline) – The Trump administration has failed to convince a Hawaii federal judge to revisit a ruling that prevents it from stopping a climate change lawsuit brought by the state attorney general.
Judge Helen Gillmor earlier this month rejected the federal government’s motion for reconsideration of an April ruling that allowed AG Anne Lopez to sue companies like Chevron and Exxon. It’s one of dozens of climate lawsuits filed around the country awaiting a decision by the U.S. Supreme Court, which is set to determine if they are improper attempts to use courts to influence the international energy market.
Trump issued an executive order last year barring new cases from being filed then went to court to fight Lopez and Michigan AG Dana Nessel. Following dismissal of the Hawaii case, the feds were denied the opportunity to file an amended complaint.
“Plaintiff has not established a basis for reconsideration of the Court’s April 15, 2026, order denying leave to amend,” Gillmor wrote July 2. “Plaintiff does not identify any newly discovered evidence, clear error or change in law that would justify reconsideration.”
Hawaii’s is one of two state supreme courts that have denied defendants’ motion to dismiss. Colorado’s ruling is the one being heard by the U.S. Supreme Court.
Lawsuits brought by government officials who hired jackpot-seeking private lawyers on contingency fees have been filed through the years. They allege consumers would not have used as many fossil fuels had the energy industry been more forthcoming about their effect on the climate.
Cases are brought under state-law claims like public nuisance and violation of consumer protection laws in order to stay out of federal courts, where defendants would have a stronger defense. Because Hawaii’s is styled that way, Gillmor found the United States did not have standing to stop it.
Defendants and critics say those who have filed lawsuits have overstepped their authority and that emissions must be regulated by the federal government. Though Colorado’s and Hawaii’s supreme courts have let the cases proceed, the Maryland Supreme Court ruled the other way, finding they “cannot be seriously contemplated.”
State judges in Pennsylvania, South Carolina, New York, Delaware and New Jersey have also thrown out cases. A federal judge dismissed a case in Puerto Rico, while federal judges in New York and California had tossed cases before the U.S. Supreme Court found they had belonged in state court.
The Trump administration has filed an amicus brief in the U.S. Supreme Court asking the justices to stop the litigation.
“If, as the Colorado Supreme Court held, those theories are consistent with federal law, then every locality in the country could sue essentially anyone in the world for contributing to global climate change,” that brief says.