Feds Claim 'Exclusive Control' Over Greenhouse Gas Emissions

Hawaii's lawsuit against fossil fuel companies over climate change harms faces federal challenge.

Feb. 27, 2026 at 10:05am

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The federal government has filed a lawsuit against Hawaii, claiming the state is harming the United States' sovereignty by suing private fossil fuel companies for deceptive marketing practices that contributed to climate change harms. The federal government argues it has 'exclusive control' over how greenhouse gas emissions are regulated and enforced.

Why it matters

This case highlights the ongoing tension between federal and state authority over environmental regulations, particularly around greenhouse gas emissions and climate change policies. The outcome could set an important precedent for how states can hold fossil fuel companies accountable for their role in the climate crisis.

The details

The federal government filed its lawsuit against Hawaii on April 30, just one day before the state filed its own lawsuit against fossil fuel companies. The federal government claims Hawaii's lawsuit is an attempt to 'usurp' federal law, such as the Clean Air Act, which regulates greenhouse gas emissions. However, Hawaii's lawsuit focuses on the fossil fuel companies' deceptive marketing practices, not direct regulation of emissions. The federal government argues that because the terms 'greenhouse gas emissions' and 'climate-related harms' appear in Hawaii's complaint, the lawsuit is 'all about greenhouse gas emissions' and is therefore preempted by federal law.

  • On April 30, 2026, the federal government filed a lawsuit against Hawaii.
  • On April 31, 2026, Hawaii filed its lawsuit against fossil fuel companies.
  • On Feb. 11, 2026, U.S. District Judge Helen Gilmor asked the federal government to clarify its arguments against Hawaii.
  • On Feb. 27, 2026, the federal government filed its responses to the judge's request.

The players

United States

The federal government, which has filed a lawsuit against Hawaii claiming the state is harming the United States' sovereignty by suing private fossil fuel companies.

Hawaii

The state that has filed a lawsuit against private fossil fuel companies for deceptive marketing practices that contributed to climate change harms.

Josh Green

The governor of Hawaii who announced the state's plan to sue private fossil fuel companies.

Helen Gilmor

The U.S. District Judge presiding over the case between the federal government and Hawaii.

City and County of Honolulu

A local government in Hawaii that previously sued fossil fuel companies for deceptive marketing leading to greenhouse gas emission climate harm.

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What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident

“Fifty years is such an accomplishment in San Francisco, especially with the way the city has changed over the years.”

— Gordon Edgar, grocery employee

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.