City & County of Honolulu v. Sunoco LP, et al

Justia Dockets & Filings Ninth Circuit U.S. Court of Appeals, Ninth Circuit City & County of Honolulu v. Sunoco LP, et al

City & County of Honolulu v. Sunoco LP, et al

Defendant:	DOES, 1 through 100 inclusive
Defendant / Appellant:	MARATHON PETROLEUM CORP., BP AMERICA, INC., CHEVRON USA INC., CONOCOPHILLIPS COMPANY, SUNOCO LP, BP PLC, ALOHA PETROLEUM, LTD., SHELL OIL PRODUCTS COMPANY LLC, BHP GROUP LIMITED, EXXONMOBIL OIL CORPORATION, SHELL OIL COMPANY, CHEVRON CORPORATION, EXXON MOBIL CORPORATION, PHILLIPS 66, BHP HAWAII INC., BHP PLC, ROYAL DUTCH SHELL PLC, CONOCOPHILLIPS, PHILLIPS 66 COMPANY, SHELL, PLC, SHELL USA, INC. and ALOHA PETROLEUM LLC
Plaintiff / Appellee:	CITY & COUNTY OF HONOLULU
Amicus Curiae:	CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, RICHARD BOWMAN MYERS, United States Air Force General (Retired), MICHAEL GLENN MULLEN, United States Navy Admiral (Retired), NATIONAL LEAGUE OF CITIES, U.S. CONFERENCE OF MAYORS, INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION, CENTER FOR CLIMATE INTEGRITY, UNION OF CONCERNED SCIENTISTS, ROBERT BRULLE, JUSTIN FARRELL, BENJAMIN FRANTA, STEPHAN LEWANDOWSKY, NAOMI OREKES, and GEOFFREY SUPRAN, CHARLES H. FLETCHER, STATES OF HAWAII, CALIFORNIA, CONNECTICUT, DELAWARE, MARYLAND, MINNESOTA, NEW JERSEY, NEW MEXICO, NEW YORK, OREGON, RHODE ISLAND, WASHINGTON, COMMONWEALTH OF MASSACHUSETTS, and the DISTRICT OF COLUMBIA, LEGAL SCHOLARS and HAWAII STATE ASSOCIATION OF COUNTIES
Case Number:	21-15313
Filed:	February 23, 2021
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Torts to Land

Opinions

We have the following opinions for this case:

Date Filed	Description
July 7, 2022	CITY & COUNTY OF HONOLULU V. SUNOCO LP

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Docket Report

This docket was last retrieved on September 26, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 26, 2022	Filing 137 Received letter from the Supreme Court dated 09/21/2022 regarding extending the time until 12/04/22 to file a petition for a writ of cert. [12550097] [21-15313, 21-15318] (DJV) [Entered: 09/27/2022 07:11 AM]
July 29, 2022	Filing 136 MANDATE ISSUED.(MDH, RDN and DJF) Costs taxed against Appellant in the amount of $254.07. [12504770] [21-15313, 21-15318] (DJV) [Entered: 07/29/2022 07:25 AM]
July 21, 2022	Filing 135 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 bill of costs (Form 10) in the amount of 254.07 USD. Date of service: 07/21/2022 [12499650] [21-15313, 21-15318] (Sher, Victor) [Entered: 07/21/2022 06:42 PM]
July 7, 2022	Filing 134 COURT UPDATE: Updated Appellants' name from "Royal Dutch Shell PLC" to "Shell, PLC", and "Shell Oil Company" to "Shell USA, Inc.". [12488073] [21-15313, 21-15318] (TYL) [Entered: 07/07/2022 09:15 AM]
July 7, 2022	Filing 133 FILED OPINION (MICHAEL DALY HAWKINS, RYAN D. NELSON and DANIELLE J. FORREST) AFFIRMED. Judge: RDN Authoring. FILED AND ENTERED JUDGMENT. [12488059] [21-15313, 21-15318]--[Edited (corrections made) 07/13/2022 by AKM] (AKM) [Entered: 07/07/2022 09:01 AM]
July 7, 2022	Filing 132 Filed text clerk order (Deputy Clerk: AKM): Appellants' motion to take judicial notice, Dkt. No. [ # 89 ], is granted. [12488052] [21-15313, 21-15318] (AKM) [Entered: 07/07/2022 08:58 AM]
June 29, 2022	Filing 131 Case resubmitted on this date to MDH, RDN and DJF. [12488048] [21-15313, 21-15318] (AKM) [Entered: 07/07/2022 08:57 AM]
May 20, 2022	Filing 130 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 05/20/2022. [12452774] [21-15313, 21-15318] (Sher, Victor) [Entered: 05/20/2022 02:34 PM]
May 4, 2022	Filing 129 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 05/04/2022. [12438401] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 05/04/2022 03:05 PM]
April 18, 2022	Filing 128 Filed (ECF) Phillips 66 and Phillips 66 Company corporate disclosure statement. Date of service: 04/18/2022. [12424526] [21-15313, 21-15318] (Bauer, Steven) [Entered: 04/18/2022 03:04 PM]
April 13, 2022	Filing 127 Terminated Rachel Zelman for BP plc and BP America, Inc. in 21-15313 and BP plc and BP America, Inc. in 21-15318 [12419482] [21-15313, 21-15318] (DJV) [Entered: 04/13/2022 07:13 AM]
April 12, 2022	Filing 126 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Rachel Zelman for Appellants BP America, Inc. and BP plc in 21-15313, Attorney Rachel Zelman for Appellants BP plc and BP America, Inc. in 21-15318. Party proceeding without counsel: No. Date of service: 04/12/2022. [12419413] [21-15313, 21-15318] (Bail, Lisa) [Entered: 04/12/2022 06:36 PM]
April 7, 2022	Filing 125 Added Attorney(s) Lanson K. Kupau for party(s) Appellant BHP Hawaii Inc. Appellant BHP Group Limited Appellant BHP PLC, in case 21-15313 Attorney(s) Lanson K. Kupau for party(s) Appellant BHP Hawaii Inc. Appellant BHP Group PLC Appellant BHP Group Limited, in case 21-15318. [12414888] [21-15313, 21-15318] (DJV) [Entered: 04/07/2022 11:55 AM]
April 7, 2022	Filing 124 Filed (ECF) notice of appearance of Lanson K. Kupau (Bronster Fujichaku Robbins, 1003 Bishop Street, Suite 2300, Honolulu, Hawaii 96813) for Appellants BHP Group Limited, BHP Hawaii Inc. and BHP PLC in 21-15313, Appellants BHP Group Limited, BHP Group PLC and BHP Hawaii Inc. in 21-15318. Date of service: 04/07/2022. (Party was previously proceeding with counsel.) [12414873] [21-15313, 21-15318] (Kupau, Lanson) [Entered: 04/07/2022 11:47 AM]
April 7, 2022	Filing 123 Added Attorney(s) Kelly Anne Higa Brown for party(s) Appellant BHP Hawaii Inc. Appellant BHP Group Limited Appellant BHP PLC, in case 21-15313 Attorney(s) Kelly Anne Higa Brown for party(s) Appellant BHP Hawaii Inc. Appellant BHP Group PLC Appellant BHP Group Limited, in case 21-15318. [12414866] [21-15313, 21-15318] (DJV) [Entered: 04/07/2022 11:42 AM]
April 7, 2022	Filing 122 Notice of Appearance (ECF Filing) [120] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [12414860] [21-15313, 21-15318] (DJV) [Entered: 04/07/2022 11:37 AM]
April 7, 2022	Filing 121 Filed (ECF) notice of appearance of Kelly A. Higa Brown (Bronster Fujichaku Robbins, 1003 Bishop Street, Suite 2300, Honolulu, Hawaii 96813) for Appellants BHP Group Limited, BHP Hawaii Inc. and BHP PLC in 21-15313, Appellants BHP Group Limited, BHP Group PLC and BHP Hawaii Inc. in 21-15318. Date of service: 04/07/2022. (Party was previously proceeding with counsel.) [12414856] [21-15313, 21-15318] (Higa Brown, Kelly) [Entered: 04/07/2022 11:35 AM]
April 7, 2022	Filing 120 Filed (ECF) notice of appearance of Lanson K. Kupau (Bronster Fujichaku Robbins, 1003 Bishop Street, Suite 2300, Honolulu, Hawaii 96813) for Appellants BHP Group Limited, BHP PLC and BHP Hawaii Inc. in 21-15313, Appellants BHP Group Limited, BHP Group PLC and BHP Hawaii Inc. in 21-15318. Date of service: 04/07/2022. (Party was previously proceeding with counsel.) [12414845] [21-15313, 21-15318] (Higa Brown, Kelly) [Entered: 04/07/2022 11:30 AM]
April 7, 2022	Filing 119 Attorneys David Alan Morris and David Alan Morris in 21-15313 and Attorneys David Alan Morris and David Alan Morris in 21-15318 substituted by Attorneys Sharon Paris and Sharon Paris in 21-15313 and Attorneys Sharon Paris and Sharon Paris in 21-15318 [12414521] [21-15313, 21-15318] (DJV) [Entered: 04/07/2022 07:00 AM]
April 6, 2022	Filing 118 Filed (ECF) notice of appearance of Sharon Paris (Bays Lung Rose & Voss, 700 Bishop Street, Suite 900, Honolulu, Hawaii 96813) for Appellants ConocoPhillips and COP in 21-15313, 21-15318. Substitution for Attorney David Alan Morris for Appellants ConocoPhillips and PSX in 21-15313, 21-15318. Date of service: 04/06/2022. (Party was previously proceeding with counsel.) [12414507] [21-15313, 21-15318] (Paris, Sharon) [Entered: 04/06/2022 08:47 PM]
March 15, 2022	Filing 117 Filed (ECF) Appellants Royal Dutch Shell PLC, Shell Oil Company and Shell Oil Products Company LLC in 21-15313, 21-15318 corporate disclosure statement. Date of service: 03/15/2022. [12395435] [21-15313, 21-15318] (Frederick, David) [Entered: 03/15/2022 02:51 PM]
March 15, 2022	Filing 116 Filed (ECF) Appellants Royal Dutch Shell PLC, Shell Oil Company and Shell Oil Products Company LLC in 21-15313, 21-15318 Correspondence: Notice of Change of Party Names. Date of service: 03/15/2022 [12395433] [21-15313, 21-15318] (Frederick, David) [Entered: 03/15/2022 02:50 PM]
February 22, 2022	Filing 115 Filed order (MICHAEL DALY HAWKINS, RYAN D. NELSON and DANIELLE J. FORREST): The submission of this case is vacated, and further proceedings are held in abeyance pending the issuance of the mandate in County of San Mateo v. Chevron Corp., No. 18-15499. [12375967] [21-15313, 21-15318] (AF) [Entered: 02/22/2022 10:06 AM]
February 17, 2022	Filing 114 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [12374800] [21-15313, 21-15318] (KAD) [Entered: 02/18/2022 12:59 PM]
February 17, 2022	Filing 113 ARGUED AND SUBMITTED TO MICHAEL DALY HAWKINS, RYAN D. NELSON and DANIELLE J. FORREST. [12373557] [21-15313, 21-15318] (KAD) [Entered: 02/17/2022 01:58 PM]
February 14, 2022	Filing 112 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 02/14/2022. [12369045] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 02/14/2022 09:57 AM]
February 9, 2022	Filing 111 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 02/09/2022. [12365559] [21-15313, 21-15318] (Sher, Victor) [Entered: 02/09/2022 03:22 PM]
February 2, 2022	Filing 110 Notice of Oral Argument on Thursday, February 17, 2022 - 09:00 A.M. - Hawaii Bkcy Courtroom 250L - Scheduled Location: Honolulu HI. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Thursday, February 17, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12358802]. [21-15313, 21-15318] (KS) [Entered: 02/02/2022 01:08 PM]
February 2, 2022	Filing 109 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 02/02/2022. [12358261] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 02/02/2022 09:09 AM]
February 2, 2022	Filing 108 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 02/02/2022. [12358258] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 02/02/2022 09:08 AM]
January 25, 2022	Filing 107 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 01/25/2022. [12351352] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 01/25/2022 08:09 PM]
January 25, 2022	Filing 106 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 01/25/2022. [12351351] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 01/25/2022 08:08 PM]
January 24, 2022	Filing 105 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 01/24/2022. [12349408] [21-15313, 21-15318] (Sher, Victor) [Entered: 01/24/2022 03:52 PM]
January 24, 2022	Filing 104 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 01/24/2022. [12349402] [21-15313, 21-15318] (Sher, Victor) [Entered: 01/24/2022 03:49 PM]
January 21, 2022	Filing 103 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 01/21/2022. [12348143] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 01/21/2022 07:41 PM]
January 21, 2022	Filing 102 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Victor Marc Sher for Appellee City & County of Honolulu in 21-15313, Attorney Mr. Victor Marc Sher for Appellee County of Maui in 21-15318. Hearing in Honolulu on 02/18/2022 at 09:00 A.M. (Courtroom: Hawaii Bkcy Courtroom 250L). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/21/2022. [12347300] [21-15313, 21-15318] (Sher, Victor) [Entered: 01/21/2022 11:53 AM]
January 21, 2022	Filing 101 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Theodore J. Boutrous, Jr., Esquire for Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, Attorney Mr. Theodore J. Boutrous, Jr., Esquire for Appellants Chevron USA Inc. and Chevron Corporation in 21-15318. Hearing in Honolulu on 02/18/2022 at 09:00 A.M. (Courtroom: Hawaii Bkcy Courtroom 250L). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 01/21/2022. [12347192] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 01/21/2022 11:11 AM]
January 18, 2022	Filing 100 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 01/18/2022. [12343908] [21-15313, 21-15318] (Sher, Victor) [Entered: 01/18/2022 04:49 PM]
January 18, 2022	Filing 99 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 01/18/2022. [12343873] [21-15313, 21-15318] (Sher, Victor) [Entered: 01/18/2022 04:41 PM]
January 18, 2022	Filing 98 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 01/18/2022. [12343866] [21-15313, 21-15318] (Sher, Victor) [Entered: 01/18/2022 04:38 PM]
January 11, 2022	Filing 97 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 citation of supplemental authorities. Date of service: 01/11/2022. [12338189] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 01/11/2022 08:01 PM]
January 6, 2022	Filing 96 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 citation of supplemental authorities. Date of service: 01/06/2022. [12333764] [21-15313, 21-15318] (Sher, Victor) [Entered: 01/06/2022 05:05 PM]
December 5, 2021	Filing 95 Notice of Oral Argument on Friday, February 18, 2022 - 09:00 A.M. - Hawaii Bkcy Courtroom 250L - Scheduled Location: Honolulu HI. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Friday, February 18, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12305762]. [21-15313, 21-15318] (KS) [Entered: 12/05/2021 06:08 AM]
November 24, 2021	Filing 94 Filed (ECF) Appellants Aloha Petroleum, Ltd., Aloha Petroleum, Ltd., BHP Group Limited, BHP Hawaii Inc., BHP PLC, BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15313, Appellants Aloha Petroleum LLC, Aloha Petroleum, Ltd., BHP Group Limited, BHP Group PLC, BHP Hawaii Inc., BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15318 reply to response (). Date of service: 11/24/2021. [12297955] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 11/24/2021 02:15 PM]
November 18, 2021	Filing 93 Filed (ECF) Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 response to motion ([ # 89 ] Motion (ECF Filing), [ # 89 ] Motion (ECF Filing)). Date of service: 11/18/2021. [12292323] [21-15313, 21-15318] (Sher, Victor) [Entered: 11/18/2021 03:32 PM]
November 15, 2021	Filing 92 Received 6 paper copies of Reply Brief [ # 90 ] filed by Aloha Petroleum, Ltd., et al. (sent to panel) [12287659] [21-15313, 21-15318] (SD) [Entered: 11/15/2021 03:06 PM]
November 8, 2021	Filing 91 Filed clerk order: The reply brief [ # 90 ] submitted by Aloha Petroleum, Ltd., et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12281955] [21-15313, 21-15318] (KWG) [Entered: 11/08/2021 05:02 PM]
November 8, 2021	Filing 90 Submitted (ECF) Reply Brief for review. Submitted by Appellants Aloha Petroleum, Ltd., Aloha Petroleum, Ltd., BHP Group Limited, BHP Hawaii Inc., BHP PLC, BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15313, Appellants Aloha Petroleum LLC, Aloha Petroleum, Ltd., BHP Group Limited, BHP Group PLC, BHP Hawaii Inc., BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15318. Date of service: 11/08/2021. [12281936] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 11/08/2021 04:54 PM]
November 8, 2021	Filing 89 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318 Motion to take judicial notice of Hawaii state court hearing transcripts. Date of service: 11/08/2021. [12281894] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 11/08/2021 04:40 PM]
October 20, 2021	Filing 88 This case is being considered for an upcoming oral argument calendar in Honolulu Please review the Honolulu sitting dates for February 2022 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12263738]. [21-15313, 21-15318] (KS) [Entered: 10/20/2021 04:51 PM]
October 7, 2021	Filing 87 Terminated Breon S. Peace for BHP PLC, BHP Hawaii Inc. and BHP Group Limited in 21-15313 and BHP Hawaii Inc., BHP Group PLC and BHP Group Limited in 21-15318 [12250607] [21-15313, 21-15318] (DJV) [Entered: 10/07/2021 11:07 AM]
October 7, 2021	Filing 86 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Breon S. Peace for Appellants BHP Group Limited, BHP Hawaii Inc. and BHP PLC in 21-15313, Attorney Breon S. Peace for Appellants BHP Group Limited, BHP Group PLC and BHP Hawaii Inc. in 21-15318. Party proceeding without counsel: No. Date of service: 10/07/2021. [12250575] [21-15313, 21-15318] (Peace, Breon) [Entered: 10/07/2021 10:56 AM]
October 5, 2021	Filing 85 Received 6 paper copies of Amicus Brief [ # 71 ] filed by States of Hawaii, et al. [12248130] [21-15313, 21-15318] (SD) [Entered: 10/05/2021 02:26 PM]
October 1, 2021	Filing 84 Received 6 paper copies of Amicus Brief [ # 73 ] filed by Hawaii State Association of Counties. [12245218] [21-15313, 21-15318] (SD) [Entered: 10/01/2021 02:33 PM]
September 30, 2021	Filing 83 Received 6 paper copies of Amicus Brief [ # 72 ] filed by Legal Scholars. [12244092] [21-15313, 21-15318] (SD) [Entered: 09/30/2021 02:09 PM]
September 30, 2021	Filing 82 Received 6 paper copies of Amicus Brief [ # 70 ] filed by Charles H. Fletcher. [12243772] [21-15313, 21-15318] (SD) [Entered: 09/30/2021 11:21 AM]
September 30, 2021	Filing 81 Received 6 paper copies of Amicus Brief [ # 68 ] filed by National League of Cities, et al.. [12243719] [21-15313, 21-15318] (SD) [Entered: 09/30/2021 10:58 AM]
September 29, 2021	Filing 80 Received 6 paper copies of Amicus Brief [ # 69 ] filed by Robert Brulle, et al. [12242513] [21-15313, 21-15318] (SD) [Entered: 09/29/2021 11:25 AM]
September 28, 2021	Filing 79 Streamlined request [76] by Appellants Chevron Corporation and Chevron USA Inc. in 21-15313 to extend time to file the brief is approved FOR ALL APPELLANTS. Amended briefing schedule: the optional reply brief is due 11/08/2021. [12242075] [21-15313, 21-15318] (DLM) [Entered: 09/28/2021 04:51 PM]
September 28, 2021	Filing 78 Filed clerk order: The amicus brief [ # 73 ] submitted by Hawaii State Association of Counties is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12241856] [21-15313, 21-15318] (KWG) [Entered: 09/28/2021 03:09 PM]
September 28, 2021	Filing 77 Entered appearance of Amicus Curiae Hawaii State Association of Counties. [12241853] [21-15313, 21-15318] (KWG) [Entered: 09/28/2021 03:09 PM]
September 28, 2021	Filing 76 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Chevron Corporation and Chevron USA Inc. in 21-15313, 21-15318. New requested due date is 11/08/2021. [12241725] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 09/28/2021 02:23 PM]
September 27, 2021	Filing 75 Filed clerk order: The amicus briefs [ # 68 ], [ # 69 ], [ # 70 ], [ # 71 ], [ # 72 ] submitted by Amici Curiae Robert Brulle, et al., Center for Climate Integrity, Charles H. Fletcher, States of Hawaii, et al., IMLA, Legal Scholars and National League of Cities is filed. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the amicus briefs must be green. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [12239488] [21-15313, 21-15318] (KWG) [Entered: 09/27/2021 10:03 AM]
September 27, 2021	Filing 74 Entered appearance of Amici Curiae National League of Cities, U.S. Conference of Mayors, IMLA, Center for Climate Integrity, Union of Concerned Scientists, Robert Brulle, et al., Charles H. Fletcher, States of Hawaii, et al. and Legal Scholars. [12239481] [21-15313, 21-15318] (KWG) [Entered: 09/27/2021 09:58 AM]
September 24, 2021	Filing 73 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Hawaii State Association of Counties. Date of service: 09/24/2021. [12238988] [21-15313, 21-15318]--[COURT UPDATE: Attached corrected PDF of the brief. 09/28/2021 by KWG] (Steed, Miranda) [Entered: 09/24/2021 06:59 PM]
September 24, 2021	Filing 72 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of Legal Scholars As Amici Curiae In Support of Plaintiffs-Appellees. Date of service: 09/24/2021. [12238969] [21-15313, 21-15318] (Cruise, Michael) [Entered: 09/24/2021 06:22 PM]
September 24, 2021	Filing 71 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief for Amicus Curiae States of Hawaii, California, Connecticut, Delaware, Maryland, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington, The Commonwealth of Massachusetts, and the District of Columbia, in Support of Appellees. Date of service: 09/24/2021. [12238949] [21-15313, 21-15318] (Rayner, Ewan) [Entered: 09/24/2021 05:41 PM]
September 24, 2021	Filing 70 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Charles H. Fletcher. Date of service: 09/24/2021. [12238431] [21-15313, 21-15318] (Rossbach, William) [Entered: 09/24/2021 01:46 PM]
September 24, 2021	Filing 69 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Robert Brulle, Center For Climate Integrity, Justin Farrell, Benjamin Franta, Stephan Lewandowsky, Naomi Oreskes, Geoffrey Supran, and The Union of Concerned Scientists. Date of service: 09/24/2021. [12238208] [21-15313, 21-15318] (Mensher, Daniel) [Entered: 09/24/2021 11:47 AM]
September 24, 2021	Filing 68 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National League of Cities, U.S. Conference of Mayors, and International Municipal Lawyers Association. Date of service: 09/24/2021. [12238036] [21-15313, 21-15318] (Peck, Robert) [Entered: 09/24/2021 10:27 AM]
September 22, 2021	Filing 67 Received 6 paper copies of Answering Brief [ # 63 ] filed by City & County of Honolulu and County of Maui. [12236010] [21-15313, 21-15318] (SD) [Entered: 09/22/2021 01:56 PM]
September 22, 2021	Filing 66 Received 3 paper copies of supplemental excerpts of record [ # 64 ] in 3 volume(s) and index volume filed by Appellees. [12235850] [21-15313, 21-15318] (KWG) [Entered: 09/22/2021 12:35 PM]
September 20, 2021	Filing 65 Filed clerk order: The answering brief [ # 63 ] submitted by City & County of Honolulu and County of Maui is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 64 ] submitted by City & County of Honolulu and County of Maui are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12232727] [21-15313, 21-15318] (KWG) [Entered: 09/20/2021 09:39 AM]
September 17, 2021	Filing 64 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318. Date of service: 09/17/2021. [12232440] [21-15313, 21-15318] (Sher, Victor) [Entered: 09/17/2021 06:19 PM]
September 17, 2021	Filing 63 Submitted (ECF) Answering Brief for review. Submitted by Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318. Date of service: 09/17/2021. [12232439] [21-15313, 21-15318] (Sher, Victor) [Entered: 09/17/2021 06:11 PM]
August 31, 2021	Filing 62 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Sean C. Grimsley for Appellants ConocoPhillips and COP in 21-15318, 21-15313. Party proceeding without counsel: No. Date of service: 08/31/2021. [12216565] [21-15318, 21-15313] (Grimsley, Sean) [Entered: 08/31/2021 01:13 PM]
August 31, 2021	Filing 61 Terminated Sean C. Grimsley for COP and ConocoPhillips in 21-15313 and COP and ConocoPhillips in 21-15318 [12216560] [21-15313, 21-15318] (DJV) [Entered: 08/31/2021 01:10 PM]
August 31, 2021	Filing 60 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Sean C. Grimsley for Appellants ConocoPhillips and COP in 21-15313, 21-15318. Party proceeding without counsel: No. Date of service: 08/31/2021. [12216551] [21-15313, 21-15318] (Grimsley, Sean) [Entered: 08/31/2021 01:02 PM]
July 29, 2021	Filing 59 Added Attorney(s) Rachel Zelman for party(s) Appellant BP America, Inc. Appellant BP plc, in case 21-15313 Attorney(s) Rachel Zelman for party(s) Appellant BP America, Inc. Appellant BP plc, in case 21-15318. [12187306] [21-15313, 21-15318] (RR) [Entered: 07/29/2021 04:47 PM]
July 29, 2021	Filing 58 Filed (ECF) notice of appearance of Rachel Ann Zelman (Goodsill Anderson Quinn & Stifel LLP, 999 Bishop Street, Suite 1600, Honolulu, HI 96813) for Appellants BP America, Inc. and BP plc in 21-15318. Date of service: 07/29/2021. (Party was previously proceeding with counsel.) [12187284] [21-15313, 21-15318] (Zelman, Rachel) [Entered: 07/29/2021 04:35 PM]
July 29, 2021	Filing 57 Terminated attorney Lisa Woods Munger for appellants BP plc and BP America, Inc. in 21-15313. [12187194] [21-15313, 21-15318] (HH) [Entered: 07/29/2021 03:59 PM]
July 29, 2021	Filing 56 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Lisa Woods Munger, Esquire for Appellants BP America, Inc. and BP plc in 21-15313. Party proceeding without counsel: No. Date of service: 07/29/2021. [12187173] [21-15313, 21-15318] (Munger, Lisa) [Entered: 07/29/2021 03:49 PM]
July 29, 2021	Filing 55 Received 6 paper copies of Amicus Brief [ # 45 ] filed by Chamber of Commerce of the United States of America. [12186705] [21-15313, 21-15318] (CPA) [Entered: 07/29/2021 11:57 AM]
July 28, 2021	Filing 54 Received 6 paper copies of Amicus Brief [ # 49 ] filed by Richard Bowman Myers and Michael Glenn Mullen. [12185298] [21-15313, 21-15318] (CPA) [Entered: 07/28/2021 10:35 AM]
July 27, 2021	Filing 53 Added Attorney(s) Tammy Beth Webb for party(s) Amicus Curiae Richard Bowman Myers Amicus Curiae Michael Glenn Mullen, in case 21-15313 Attorney(s) Tammy Beth Webb for party(s) Amicus Curiae Richard Bowman Myers Amicus Curiae Michael Glenn Mullen, in case 21-15318. [12183993] [21-15313, 21-15318] (OC) [Entered: 07/27/2021 11:00 AM]
July 26, 2021	Filing 52 Filed clerk order: The amicus brief [ # 49 ] submitted by Richard Bowman Myers and Michael Glenn Mullen is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12183505] [21-15313, 21-15318] (LA) [Entered: 07/26/2021 04:50 PM]
July 26, 2021	Filing 51 Entered appearance of Amici Curiae Richard Bowman Myers and Michael Glenn Mullen. [12183503] [21-15313, 21-15318] (LA) [Entered: 07/26/2021 04:49 PM]
July 26, 2021	Filing 50 Added Attorney Andrew Kim for Amicus Curiae Chamber of Commerce of the United States of America, in cases 21-15313 and 21-15318. [12183365] [21-15313, 21-15318] (HH) [Entered: 07/26/2021 03:57 PM]
July 26, 2021	Filing 49 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by General (Retired) Richard B. Myers and Admiral (Retired) Michael G. Mullen. Date of service: 07/26/2021. [12183319] [21-15313, 21-15318] (Duncan, Tristan) [Entered: 07/26/2021 03:29 PM]
July 26, 2021	Filing 48 Filed (ECF) notice of appearance of Andrew Kim (Goodwin Procter LLP, 1900 N Street NW Washington, DC 20036) for Amicus Curiae Chamber of Commerce of the United States of America in 21-15313, 21-15318. Date of service: 07/26/2021. (Party was previously proceeding with counsel.) [12183271] [21-15313, 21-15318] (Kim, Andrew) [Entered: 07/26/2021 03:06 PM]
July 26, 2021	Filing 47 Filed clerk order: The amicus brief [ # 45 ] submitted by Chamber of Commerce of the United States of America is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12183090] [21-15313, 21-15318] (LA) [Entered: 07/26/2021 01:53 PM]
July 26, 2021	Filing 46 Entered appearance of Amicus Curiae Chamber of Commerce of the United States of America. [12183084] [21-15313, 21-15318] (LA) [Entered: 07/26/2021 01:52 PM]
July 26, 2021	Filing 45 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Chamber of Commerce of the United States of America. Date of service: 07/26/2021. [12183019] [21-15313, 21-15318] (Jay, William) [Entered: 07/26/2021 01:24 PM]
July 22, 2021	Filing 44 Received 6 paper copies of Joint Opening Brief [ # 38 ] filed by Appellants. [12180740] [21-15313, 21-15318] (SD) [Entered: 07/22/2021 04:53 PM]
July 22, 2021	Filing 43 Received 3 paper copies of excerpts of record [ # 39 ] in 8 volume(s) and index volume filed by Appellants. [12180231] [21-15313, 21-15318] (LA) [Entered: 07/22/2021 01:20 PM]
July 20, 2021	Filing 42 Streamlined request [41] by Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318 to extend time to file the brief is approved. Amended briefing schedule: Appellees City & County of Honolulu and County of Maui answering brief due 09/17/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12178270] [21-15313, 21-15318] (DLM) [Entered: 07/20/2021 04:45 PM]
July 20, 2021	Filing 41 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee City & County of Honolulu in 21-15313, Appellee County of Maui in 21-15318. New requested due date is 09/17/2021. [12177838] [21-15313, 21-15318] (Sher, Victor) [Entered: 07/20/2021 01:05 PM]
July 20, 2021	Filing 40 Filed clerk order: The joint opening brief [ # 38 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 39 ] submitted by appellants are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12177466] [21-15313, 21-15318] (LA) [Entered: 07/20/2021 10:00 AM]
July 19, 2021	Filing 39 Submitted (ECF) excerpts of record. Submitted by Appellants Aloha Petroleum, Ltd., Aloha Petroleum, Ltd., BHP Group Limited, BHP Hawaii Inc., BHP PLC, BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15313, Appellants Aloha Petroleum LLC, Aloha Petroleum, Ltd., BHP Group Limited, BHP Group PLC, BHP Hawaii Inc., BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15318. Date of service: 07/19/2021. [12177180] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 07/19/2021 11:04 PM]
July 19, 2021	Filing 38 Submitted (ECF) Opening Brief for review. Submitted by Appellants Aloha Petroleum, Ltd., Aloha Petroleum, Ltd., BHP Group Limited, BHP Hawaii Inc., BHP PLC, BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15313, Appellants Aloha Petroleum LLC, Aloha Petroleum, Ltd., BHP Group Limited, BHP Group PLC, BHP Hawaii Inc., BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, COP, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., PSX, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP in 21-15318. Date of service: 07/19/2021. [12177178] [21-15313, 21-15318] (Boutrous, Theodore) [Entered: 07/19/2021 10:38 PM]
July 15, 2021	Filing 37 Filed clerk order (Deputy Clerk: LK): The parties joint motion (Docket Entry No. [ # 36 ]) to consolidate is granted. Nos. 21-15313 and 21-15318 are consolidated. The opening briefs are due July 19, 2021. The consolidated answering briefs are due August 18, 2021. The optional reply briefs are due within 21 days after service of the last-served consolidated answering brief. [12173219] [21-15313, 21-15318] (AF) [Entered: 07/15/2021 09:48 AM]
July 12, 2021	Filing 36 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. Joint Motion to consolidate cases 21-15313 and 21-15318. Date of service: 07/12/2021. [12170396] [21-15313] (Boutrous, Theodore) [Entered: 07/12/2021 07:46 PM]
May 17, 2021	Filing 35 Filed clerk order (Deputy Clerk: KS): Appellants unopposed motion (Docket Entry No. [ # 33 ]) for an extension of time to file the opening brief is granted. The opening brief is due July 19, 2021. The answering brief is due August 18, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12115488] (AF) [Entered: 05/17/2021 02:32 PM]
May 10, 2021	Filing 34 Filed (ECF) Appellee City & County of Honolulu response to motion ([ # 33 ] Motion (ECF Filing), [ # 33 ] Motion (ECF Filing)). Date of service: 05/10/2021. [12107204] [21-15313] (Sher, Victor) [Entered: 05/10/2021 10:13 AM]
April 30, 2021	Filing 33 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. Motion to extend time to file Opening brief until 07/19/2021. Date of service: 04/30/2021. [12099035] [21-15313] (Boutrous, Theodore) [Entered: 04/30/2021 10:59 PM]
April 16, 2021	Filing 32 Streamlined request [31] by Appellants Chevron Corporation and Chevron USA Inc. to extend time to file the brief is approved FOR ALL APPELLANTS. Amended briefing schedule: Appellants Aloha Petroleum, Ltd., BHP Group Limited, BHP Hawaii Inc., BHP PLC, BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, ConocoPhillips Company, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., Phillips 66, Phillips 66 Company, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP opening brief due 05/19/2021. Appellee City & County of Honolulu answering brief due 06/18/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12078073] (DLM) [Entered: 04/16/2021 05:13 PM]
April 16, 2021	Filing 31 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Chevron Corporation and Chevron USA Inc.. New requested due date is 05/19/2021. [12076729] [21-15313] (Boutrous, Theodore) [Entered: 04/16/2021 09:12 AM]
March 13, 2021	Filing 30 Filed order (MILAN D. SMITH, JR. and BRIDGET S. BADE)Appellees City & County of Honolulu and County of Maui filed substantially similar complaints in state court against the same group of energy companies, alleging (among other things) concealment of the dangers of fossil fuels to the climate, and asserting claims for public nuisance, private nuisance, strict liability failure to warn, negligent failure to warn, and trespass. In both matters, Appellants Chevron Corporation and Chevron U.S.A., Inc. removed the complaints to federal court asserting several grounds for subject-matter jurisdiction, including jurisdiction under the federal-officer removal statute, 28 U.S.C. 1442(a)(1). In an order filed February 12, 2021, the district court determined that it lacked subject-matter jurisdiction and granted Appellees motions to remand the actions to state court. The district court granted a temporary stay of the remand order until March 15, 2021 to allow this court time to consider any further motions to stay. On March 8, 2021, Appellants filed emergency motions for stay pending appeal in case Nos. 21-15313 and 21-15318. We deny the motions. We conclude that Appellants have failed establish that they will suffer irreparable injury absent a stay of the district courts remand order. Appellants argue that, if the cases are remanded, the parties will be required to litigate the merits of Appellees claims in state court simultaneously with these appellate proceedings, which will lead to increased litigation burdens and possible inefficiencies if this court later finds the cases were properly removed. These considerations, however, do not rise to the level of irreparable harm. See, e.g., California ex rel. Christensen v. FTC, 549 F.2d 1321, 1323 (9th Cir. 1977) (litigation expenses do not constitute irreparable injury). Moreover, the theoretical possibility that the state court could irrevocably adjudicate the parties claims and defenses while these appeals are pending also falls short of meeting the demanding irreparable harm standard. See Doe #1 v. Trump, 957 F.3d 1050, 1062 (9th Cir. 2020) (A stay applicant must show that irreparable injury is likely to occur during the period before the appeal is decided.). We also conclude that Appellants have not made a sufficient showing on the merits considering our recent opinions rejecting the very same jurisdictional arguments advanced in the motions to stay. See County of San Mateo v. Chevron Corp., 960 F.3d 586 (9th Cir. 2020); City of Oakland v. BP PLC, 969 F.3d 895 (9th Cir. 2020). Accordingly, we deny Appellants motions (Docket Entry No. [ # 16 ] in 21-15313; Docket Entry No. [ # 12028500-2 ] in 21-15318) to stay the district courts February 12, 2021 order pending appeal. The previously-established briefing schedules remain in effect. [12040294] (SVG) [Entered: 03/13/2021 04:15 PM]
March 12, 2021	Filing 29 MEDIATION ORDER FILED: DIAL-IN Assessment Conference, 03/17/2021, is canceled. This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeals are pending. [12039203] [21-15313, 21-15318] (BLS) [Entered: 03/12/2021 10:18 AM]
March 12, 2021	Filing 28 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. reply to response (). Date of service: 03/12/2021. [12038972] [21-15313] (Boutrous, Theodore) [Entered: 03/12/2021 08:09 AM]
March 11, 2021	Filing 27 Added Attorney(s) Victor L. Hou for party(s) Appellant BHP Hawaii Inc. Appellant BHP Group Limited Appellant BHP PLC, in case 21-15313. [12032250] (DJV) [Entered: 03/11/2021 11:48 AM]
March 11, 2021	Filing 26 Filed (ECF) notice of appearance of Victor L. Hou (Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, NY 10006) for Appellants BHP Group Limited, BHP Hawaii Inc. and BHP PLC. Date of service: 03/11/2021. (Party was previously proceeding with counsel.) [12032242] [21-15313] (Hou, Victor) [Entered: 03/11/2021 11:45 AM]
March 11, 2021	Filing 25 Added Attorney(s) Breon S. Peace for party(s) Appellant BHP Hawaii Inc. Appellant BHP Group Limited Appellant BHP PLC, in case 21-15313. [12031991] (DJV) [Entered: 03/11/2021 10:11 AM]
March 11, 2021	Filing 24 Filed (ECF) notice of appearance of Breon S. Peace (Cleary Gottlieb Steen & Hamilton LLP, One Liberty Plaza, New York, NY 10006) for Appellants BHP Group Limited, BHP PLC and BHP Hawaii Inc.. Date of service: 03/11/2021. (Party was previously proceeding with counsel.) [12031978] [21-15313] (Peace, Breon) [Entered: 03/11/2021 10:05 AM]
March 10, 2021	Filing 23 Filed (ECF) Appellee City & County of Honolulu response to motion ([ # 16 ] Motion (ECF Filing), [ # 16 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 03/10/2021. [12031581] [21-15313] (Sher, Victor) [Entered: 03/10/2021 08:27 PM]
March 9, 2021	Filing 22 Filed clerk order (Deputy Clerk: MN): The court has received appellants emergency motions to stay the district courts February 12, 2021 order pending appeal in Nos. 21-15313 and 21-15318. Any response to the motions is due by 9:00 a.m. (PST) on March 11, 2021. An optional reply in support of the motions is due by 9:00 a.m. (PST) on March 12, 2021. [12029159] [21-15313, 21-15318] (AF) [Entered: 03/09/2021 11:03 AM]
March 9, 2021	Filing 21 Added Attorney(s) Matthew Kendall Edling for party(s) Appellee City & County of Honolulu, in case 21-15313. [12029118] (DJV) [Entered: 03/09/2021 10:51 AM]
March 9, 2021	Filing 20 Added Attorney(s) Victor Marc Sher for party(s) Appellee City & County of Honolulu, in case 21-15313. [12029113] (DJV) [Entered: 03/09/2021 10:49 AM]
March 9, 2021	Filing 19 Filed (ECF) notice of appearance of Matthew K. Edling (Sher Edling LLP, 100 Montgomery St., Ste. 1410, San Francisco, CA 94104) for Appellee City & County of Honolulu. Date of service: 03/09/2021. (Party was previously proceeding with counsel.) [12029112] [21-15313] (Edling, Matthew) [Entered: 03/09/2021 10:48 AM]
March 9, 2021	Filing 18 Filed (ECF) notice of appearance of Victor M. Sher (Sher Edling LLP, 100 Montgomery St., Ste. 1410, San Francisco, CA 94104) for Appellee City & County of Honolulu. Date of service: 03/09/2021. (Party was previously proceeding with counsel.) [12029105] [21-15313] (Sher, Victor) [Entered: 03/09/2021 10:45 AM]
March 9, 2021	Filing 17 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 03/17/2021, 12:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12028685] [21-15313, 21-15318] (BLS) [Entered: 03/09/2021 07:29 AM]
March 8, 2021	Filing 16 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. EMERGENCY Motion to stay lower court action. Date of service: 03/08/2021. [12028496] [21-15313] (Boutrous, Theodore) [Entered: 03/08/2021 06:05 PM]
March 8, 2021	Filing 15 Added Attorney(s) Daniel R. Brody for party(s) Appellant COP Appellant ConocoPhillips, in case 21-15313. [12027238] (DJV) [Entered: 03/08/2021 10:20 AM]
March 8, 2021	Filing 14 Filed (ECF) notice of appearance of Daniel R. Brody (Bartlit Beck LLP, 1801 Wewatta St., Suite 1200, Denver, CO 80202) for Appellants ConocoPhillips and COP. Date of service: 03/08/2021. (Party was previously proceeding with counsel.) [12027221] [21-15313] (Brody, Daniel) [Entered: 03/08/2021 10:16 AM]
March 8, 2021	Filing 13 Added Attorney(s) William Thomas Marks for party(s) Appellant ExxonMobil Oil Corporation Appellant Exxon Mobil Corporation, in case 21-15313. [12026860] (DJV) [Entered: 03/08/2021 07:06 AM]
March 8, 2021	Filing 12 Added Attorney(s) Kannon K. Shanmugam for party(s) Appellant ExxonMobil Oil Corporation Appellant Exxon Mobil Corporation, in case 21-15313. [12026858] (DJV) [Entered: 03/08/2021 07:04 AM]
March 8, 2021	Filing 11 Filed (ECF) notice of appearance of William T. Marks (Paul, Weiss, Rifkind, Wharton & Garrison LLP - 2001 K Street NW, Washington, DC, 20006) for Appellants Exxon Mobil Corporation and ExxonMobil Oil Corporation. Date of service: 03/08/2021. (Party was previously proceeding with counsel.) [12026850] [21-15313] (Marks, William) [Entered: 03/08/2021 06:51 AM]
March 8, 2021	Filing 10 Filed (ECF) notice of appearance of Kannon K. Shanmugam (Paul, Weiss, Rifkind, Wharton & Garrison LLP - 2001 K Street NW, Washington, DC, 20006) for Appellants Exxon Mobil Corporation and ExxonMobil Oil Corporation. Date of service: 03/08/2021. (Party was previously proceeding with counsel.) [12026844] [21-15313] (Shanmugam, Kannon) [Entered: 03/08/2021 06:43 AM]
March 4, 2021	Filing 9 Added Attorney(s) Daniel Severson for party(s) Appellant Shell Oil Company Appellant Shell Oil Products Company LLC Appellant Royal Dutch Shell PLC, in case 21-15313. [12023741] (DJV) [Entered: 03/04/2021 07:10 AM]
March 4, 2021	Filing 8 Filed (ECF) notice of appearance of Daniel S. Severson (Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., 1615 M Street, NW, Suite 400, Washington, DC 20036) for Appellants Royal Dutch Shell PLC, Shell Oil Company and Shell Oil Products Company LLC. Date of service: 03/04/2021. (Party was previously proceeding with counsel.) [12023731] [21-15313] (Severson, Daniel) [Entered: 03/04/2021 06:56 AM]
March 3, 2021	Filing 7 Added Attorney(s) David Alan Morris for party(s) Appellant Phillips 66 Appellant ConocoPhillips, in case 21-15313. [12022978] (DJV) [Entered: 03/03/2021 01:05 PM]
March 3, 2021	Filing 6 Filed (ECF) notice of appearance of David Alan Morris (Bays Lung Rose & Voss, Topa Financial Center, 700 Bishop Street, Suite 900, Honolulu, Hawaii, 96813) for Appellants ConocoPhillips and Phillips 66. Date of service: 03/03/2021. (Party was previously proceeding with counsel.) [12022949] [21-15313] (Morris, David) [Entered: 03/03/2021 12:48 PM]
March 2, 2021	Filing 5 The Mediation Questionnaire for this case was filed on 03/02/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12022230]. [21-15313] (AD) [Entered: 03/02/2021 06:44 PM]
March 2, 2021	Filing 4 Filed (ECF) Appellants Chevron Corporation and Chevron USA Inc. Mediation Questionnaire. Date of service: 03/02/2021. [12022124] [21-15313] (Boutrous, Theodore) [Entered: 03/02/2021 04:48 PM]
March 2, 2021	Filing 3 Terminated Brendan Jeremiah Crimmins for Shell Oil Products Company LLC, Shell Oil Company and Royal Dutch Shell PLC in 21-15313 [12021196] (DJV) [Entered: 03/02/2021 10:21 AM]
March 2, 2021	Filing 2 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Brendan Jeremiah Crimmins for Appellants Royal Dutch Shell PLC, Shell Oil Company and Shell Oil Products Company LLC. Party proceeding without counsel: No. Date of service: 03/02/2021. [12021160] [21-15313] (Crimmins, Brendan) [Entered: 03/02/2021 10:11 AM]
February 23, 2021	Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Aloha Petroleum, Ltd., BHP Group Limited, BHP Hawaii Inc., BHP PLC, BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, ConocoPhillips Company, Does, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., Phillips 66, Phillips 66 Company, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP Mediation Questionnaire due on 03/02/2021. Appellants Aloha Petroleum, Ltd., BHP Group Limited, BHP Hawaii Inc., BHP PLC, BP America, Inc., BP plc, Chevron Corporation, Chevron USA Inc., ConocoPhillips, ConocoPhillips Company, Does, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Marathon Petroleum Corp., Phillips 66, Phillips 66 Company, Royal Dutch Shell PLC, Shell Oil Company, Shell Oil Products Company LLC and Sunoco LP opening brief due 04/19/2021. Appellee City & County of Honolulu answering brief due 05/19/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12013447] (JBS) [Entered: 02/23/2021 11:05 AM]

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Search for this case: City & County of Honolulu v. Sunoco LP, et al
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Defendant / appellant: MARATHON PETROLEUM CORP.
Represented By:	Shannon S. Broome Esquire
Represented By:	Ann Marie Mortimer
Represented By:	Ted Neil Pettit Esquire
Represented By:	Shawn Patrick Regan
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Defendant / appellant: BP AMERICA, INC.
Represented By:	Lisa Bail
Represented By:	John D. Lombardo
Represented By:	Lisa Woods Munger Esquire
Represented By:	Jonathan W. Hughes
Represented By:	Matthew T. Heartney
Represented By:	Rachel Zelman
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Defendant / appellant: CHEVRON USA INC.
Represented By:	Ross Tatsuo Shinyama Esquire
Represented By:	Theodore J. Boutrous Esquire Jr.
Represented By:	Melvyn Ming Miyagi Esquire
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Defendant / appellant: CONOCOPHILLIPS COMPANY
Represented By:	Crystal Rose
Represented By:	Adrian Lyle Lavarias Esquire
Represented By:	Sean C. Grimsley
Represented By:	Jameson R. Jones
Represented By:	Daniel R. Brody
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Defendant / appellant: SUNOCO LP
Represented By:	Jacob Scott Janoe
Represented By:	Michi Momose
Represented By:	Megan Berge
Represented By:	C. Michael Heihre Esquire
Represented By:	Megan H. Berge Esquire
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Defendant / appellant: BP PLC
Represented By:	Lisa Bail
Represented By:	John D. Lombardo
Represented By:	Lisa Woods Munger Esquire
Represented By:	Jonathan W. Hughes
Represented By:	Matthew T. Heartney
Represented By:	Rachel Zelman
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Defendant / appellant: ALOHA PETROLEUM, LTD.
Represented By:	Jacob Scott Janoe
Represented By:	Michi Momose
Represented By:	Megan Berge
Represented By:	C. Michael Heihre Esquire
Represented By:	Megan H. Berge Esquire
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Defendant / appellant: SHELL OIL PRODUCTS COMPANY LLC
Represented By:	Randall C. Whattoff Esquire
Represented By:	Brendan Jeremiah Crimmins
Represented By:	Joachim P. Cox Esquire
Represented By:	David Charles Frederick
Represented By:	Daniel Severson
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Defendant / appellant: BHP GROUP LIMITED
Represented By:	Boaz S. Morag Esquire
Represented By:	Margery S. Bronster Esquire
Represented By:	Victor L. Hou
Represented By:	Breon S. Peace
Represented By:	Kelly Anne Higa Brown Esquire
Represented By:	Lanson K. Kupau Esquire
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Defendant / appellant: EXXONMOBIL OIL CORPORATION
Represented By:	Glenn Theodore Melchinger
Represented By:	Claire Wong Black
Represented By:	Theodore V. Wells Jr.
Represented By:	John-Anderson Laird Meyer
Represented By:	Paul D. Alston Esquire
Represented By:	Daniel J. Toal
Represented By:	Kannon K. Shanmugam
Represented By:	William Thomas Marks
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Defendant / appellant: SHELL OIL COMPANY
Represented By:	Randall C. Whattoff Esquire
Represented By:	Brendan Jeremiah Crimmins
Represented By:	Joachim P. Cox Esquire
Represented By:	David Charles Frederick
Represented By:	Daniel Severson
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Defendant / appellant: CHEVRON CORPORATION
Represented By:	Ross Tatsuo Shinyama Esquire
Represented By:	Theodore J. Boutrous Esquire Jr.
Represented By:	Melvyn Ming Miyagi Esquire
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Defendant / appellant: EXXON MOBIL CORPORATION
Represented By:	Glenn Theodore Melchinger
Represented By:	Claire Wong Black
Represented By:	Theodore V. Wells Jr.
Represented By:	John-Anderson Laird Meyer
Represented By:	Paul D. Alston Esquire
Represented By:	Daniel J. Toal
Represented By:	Kannon K. Shanmugam
Represented By:	William Thomas Marks
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Defendant / appellant: PHILLIPS 66
Represented By:	Margaret Tough
Represented By:	Crystal Rose
Represented By:	Adrian Lyle Lavarias Esquire
Represented By:	Steven M. Bauer
Represented By:	David Alan Morris
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Defendant / appellant: BHP HAWAII INC.
Represented By:	Boaz S. Morag Esquire
Represented By:	Margery S. Bronster Esquire
Represented By:	Victor L. Hou
Represented By:	Breon S. Peace
Represented By:	Kelly Anne Higa Brown Esquire
Represented By:	Lanson K. Kupau Esquire
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Defendant / appellant: BHP PLC
Represented By:	Boaz S. Morag Esquire
Represented By:	Margery S. Bronster Esquire
Represented By:	Victor L. Hou
Represented By:	Breon S. Peace
Represented By:	Kelly Anne Higa Brown Esquire
Represented By:	Lanson K. Kupau Esquire
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Defendant / appellant: ROYAL DUTCH SHELL PLC
Represented By:	Randall C. Whattoff Esquire
Represented By:	Brendan Jeremiah Crimmins
Represented By:	Joachim P. Cox Esquire
Represented By:	David Charles Frederick
Represented By:	Daniel Severson
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Defendant / appellant: CONOCOPHILLIPS
Represented By:	Crystal Rose
Represented By:	Adrian Lyle Lavarias Esquire
Represented By:	Sean C. Grimsley
Represented By:	Jameson R. Jones
Represented By:	David Alan Morris
Represented By:	Daniel R. Brody
Represented By:	Sharon Paris
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Defendant / appellant: PHILLIPS 66 COMPANY
Represented By:	Margaret Tough
Represented By:	Crystal Rose
Represented By:	Adrian Lyle Lavarias Esquire
Represented By:	Steven M. Bauer
Represented By:	David Alan Morris
Represented By:	Sharon Paris
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Defendant / appellant: SHELL, PLC
Represented By:	Joachim P. Cox Esquire
Represented By:	David Charles Frederick
Represented By:	Daniel Severson
Represented By:	Randall C. Whattoff Esquire
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Defendant / appellant: SHELL USA, INC.
Represented By:	Joachim P. Cox Esquire
Represented By:	David Charles Frederick
Represented By:	Daniel Severson
Represented By:	Randall C. Whattoff Esquire
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Defendant / appellant: ALOHA PETROLEUM LLC
Represented By:	Megan H. Berge Esquire
Represented By:	C. Michael Heihre Esquire
Represented By:	Jacob Scott Janoe
Represented By:	Michi Momose
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Plaintiff / appellee: CITY & COUNTY OF HONOLULU
Represented By:	Nicolette Winter
Represented By:	Robert M. Kohn
Represented By:	Victor Marc Sher
Represented By:	Matthew Kendall Edling Esquire
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Defendant: DOES, 1 through 100 inclusive
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Amicus curiae: CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA
Represented By:	William M. Jay
Represented By:	Andrew Kim
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Amicus curiae: RICHARD BOWMAN MYERS, United States Air Force General (Retired)
Represented By:	Tristan L. Duncan Esquire
Represented By:	Tammy Beth Webb
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Amicus curiae: MICHAEL GLENN MULLEN, United States Navy Admiral (Retired)
Represented By:	Tristan L. Duncan Esquire
Represented By:	Tammy Beth Webb
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Amicus curiae: NATIONAL LEAGUE OF CITIES
Represented By:	Robert S. Peck Esquire
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Amicus curiae: U.S. CONFERENCE OF MAYORS
Represented By:	Robert S. Peck Esquire
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Amicus curiae: INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION
Represented By:	Robert S. Peck Esquire
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Amicus curiae: CENTER FOR CLIMATE INTEGRITY
Represented By:	Daniel Parke Mensher
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Amicus curiae: UNION OF CONCERNED SCIENTISTS
Represented By:	Daniel Parke Mensher
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Amicus curiae: ROBERT BRULLE, JUSTIN FARRELL, BENJAMIN FRANTA, STEPHAN LEWANDOWSKY, NAOMI OREKES, and GEOFFREY SUPRAN
Represented By:	Daniel Parke Mensher
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Amicus curiae: CHARLES H. FLETCHER
Represented By:	William A. Rossbach Esquire
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Amicus curiae: STATES OF HAWAII, CALIFORNIA, CONNECTICUT, DELAWARE, MARYLAND, MINNESOTA, NEW JERSEY, NEW MEXICO, NEW YORK, OREGON, RHODE ISLAND, WASHINGTON, COMMONWEALTH OF MASSACHUSETTS, and the DISTRICT OF COLUMBIA
Represented By:	Ewan Christopher Rayner
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Amicus curiae: LEGAL SCHOLARS
Represented By:	Michael R. Cruise
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Amicus curiae: HAWAII STATE ASSOCIATION OF COUNTIES
Represented By:	Miranda Carol Steed Esquire
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