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Honolulu, City & County of v. Sunoco LP

ELR Citation: 51 ELR 20043
Nos. 1:20-cv-00163-DKW-RT and 1:20-cv-00470-DKWKJM, (9th Cir., 03/13/2021)

The Ninth Circuit denied oil companies' motions to stay a district court order remanding to state court two lawsuits alleging the companies concealed the dangers of fossil fuels to the climate. The companies argued that if the suits were remanded, they would be required to litigate the merits of Honolulu's and Maui's claims in state court simultaneously with these appellate proceedings, which would lead to increased litigation burdens and possible inefficiencies if the court later finds the suits were properly removed to federal court. The court found that such considerations did not rise to the level of irreparable harm, and further, that the companies had failed to make a sufficient showing on the merits. It therefore denied the companies' motions to stay.