Hawaii Democrats have advanced a bill that would clear the way for individuals and insurers adversely affected by an “event attributable to climate change” to sue companies and other entities for spreading climate “misinformation.”
S.B. 1166, introduced by Democratic Hawaii State Sen. Chris Lee, aims to “provide a new, specific cause of action for any person other than an officer or employee of a state or local governmental entity” and insurers to file suit against companies or other entities that supposedly misinformed the public about the nature of climate change. Lee introduced the bill on Jan. 17, and it is currently in the hands of the Hawaii House, according to LegiScan.
During his visit to Maui, Biden says he has ‘a little sense of what it’s like to lose a home’ describing when lightning struck his home, which resulted in a small kitchen fire. He jokes about how he almost lost his ’67 Corvette as he talks to survivors of the devastating Maui… pic.twitter.com/xXUnC3kuHz
— Daily Caller (@DailyCaller) August 22, 2023
“The legislature finds that for decades, certain people and entities have spread intentional lies, misinformation and disinformation, and misrepresentations about the connection between climate change and fossil fuel products, as well as how climate change has caused injuries in the State,” the bill’s text reads. “Continued lies, misinformation and disinformation, and misrepresentations by responsible parties pose a threat to the health, safety, and security of Hawaii’s residents and visitors. These parties have long known the dangers of fossil fuel products; however, they have continued to deny and lie for profit … Hawaii has a compelling interest in protecting consumers from lies and misleading information, while also encouraging factual and truthful information on how climate disasters and other harms can be attributed to the responsible parties who have spread falsehoods.”
“These parties have long known the dangers of fossil fuel products; however, they have continued to deny and lie for profit … Hawaii has a compelling interest in protecting consumers from lies and misleading information, while also encouraging factual and truthful information on how climate disasters and other harms can be attributed to the responsible parties who have spread falsehoods,” the bill’s text states.
The amended bill text specifically defines “responsible parties” to include any “firm, corporation, company, partnership, society, joint stock company, or any other entity or association that engaged in misleading and deceptive practices, including lies, or the provision of misinformation or disinformation about the connection between its fossil fuel products and climate change and extreme weather or other events attributable to climate change.” Notably, tribal, state and federal government entities are excluded from the definition.
The bill text specifically cites the Maui fires of August 2023 as an example of a catastrophic event exacerbated by climate change. The fires killed 102 people and caused billions of dollars of damage.
While the bill and many Democrats — including Hawaii Gov. Josh Green — were quick to point the finger at climate change for making the fires worse, multiple instances of human error and official incompetence may have actually turned the fires into a full-scale disaster. Examples of critical mistakes and shortcomings include, but are not limited to, inadequate vegetation management, regulatory sluggishness, fire hydrants running dry, delayed emergency siren activation and a failure by a state agency to promptly divert water that was needed to fight the burgeoning fires.
The bill’s current text specifies that prospective plaintiffs are only permitted to sue under its provisions if they have suffered damages of $10,000 or more due to a “climate disaster or extreme weather or other event attributable to climate change.”
Notably, President Donald Trump signed an executive order earlier in April instructing his administration to determine the legality of subnational government efforts to impose “burdensome and ideologically motivated ‘climate change’ or energy policies that threaten American energy dominance” via legislation or lawsuits. The executive order further instructs the administration to produce actionable options for defanging those policies and lawsuits, most of which are coming from blue states or Democrat-controlled jurisdictions, including from the Hawaiian capital city of Honolulu.
Lee’s office did not respond to a request for comment and a voicemail message.
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