City & County of Honolulu v. Sunoco LP, et al
DOES, 1 through 100 inclusive |
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 |
CITY & COUNTY OF HONOLULU |
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 |
21-15313 |
February 23, 2021 |
U.S. Court of Appeals, Ninth Circuit |
Torts to Land |
Opinions
We have the following opinions for this case:
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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.
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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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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] |
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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