Supreme Court of the United States · Official docket →
Shell PLC, fka Royal Dutch Shell PLC, et al. v. City and County of Honolulu, Hawaii, et al.
Paid petition · Supreme Court of Hawaii, No. SCAP-22-0000429 · judgment October 31, 2023
Certiorari denied · January 13, 2025
Pre-decision estimate: 5% cert probability (95% interval 4%–8%)
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a circuit split argued in the petition.
Questions presented
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Whether claims seeking damages for the effects of interstate and international emissions on the global climate are beyond the limits of state law and thus preempted under the federal Constitution.
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Whether the Clean Air Act preempts state-law claims predicated on damaging interstate emissions.
Counsel of record
For petitioner
David C. Frederick
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
For respondent
Victor M. Sher
Sher Edling LLP
Proceedings
- Jan 13 2025Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
- Dec 24 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 23 2024Supplemental brief of petitioners Shell PLC, et al. filed. (Distributed)
- Dec 10 2024Brief amicus curiae of United States filed. VIDED.
- Jun 10 2024The Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Alito took no part in the consideration of this petition.
- May 21 2024DISTRIBUTED for Conference of 6/6/2024.
- May 21 2024Reply of petitioners Shell plc, et al. filed. (Distributed)
- May 01 2024Brief of respondents City and County of Honolulu, et al. in opposition filed. VIDED.
- Apr 01 2024Brief amici curiae of American Petroleum Institute, et al. filed. VIDED.
- Apr 01 2024Brief amici curiae of General (Retired) Richard B. Myers and Admiral (Retired) Michael G. Mullen filed. VIDED.
- Apr 01 2024Brief amicus curiae of The National Association of Manufacturers filed. VIDED.
- Apr 01 2024Brief amicus curiae of Washington Legal Foundation filed. VIDED.
- Apr 01 2024Brief amicus curiae of American Tort Reform Association filed. VIDED.
- Apr 01 2024Brief amici curiae of Alabama, et al. filed. VIDED.
- Apr 01 2024Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED.
- Apr 01 2024Brief amici curiae of Richard A. Epstein and John Yoo filed. VIDED.
- Mar 26 2024Brief amicus curiae of Atlantic Legal Foundation filed. VIDED.
- Mar 18 2024Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2024.
- Mar 15 2024Motion to extend the time to file a response from April 1, 2024 to May 1, 2024, submitted to The Clerk.
- Feb 28 2024Petition for a writ of certiorari filed. (Response due April 1, 2024)
- Jan 16 2024Application (23A651) granted by Justice Kagan extending the time to file until February 28, 2024.
- Jan 11 2024Application (23A651) to extend the time to file a petition for a writ of certiorari from January 29, 2024 to February 28, 2024, submitted to Justice Kagan.