The Environmental Law Institute (ELI) is a legal advocacy organization that seeks to “make law work for people, places, and the planet” through advocating legal and policy solutions to promote, “environmental, economic, and social progress.” ¹

Activities

Honolulu’s Lawsuit against Oil Companies

In November 2019, the city council for Honolulu, Hawaii approved the city to pursue legal action against fossil fuel companies in order to, “recover damages from the fossil fuel companies that profited from oil sales in Hawaiʻi and didn’t disclose the dangers of their products.” ² In 2020, a lawsuit was filed by Honolulu against several major oil companies including Sunoco, Shell and Chevron due to, “alleged damages for the firms’ contributions to climate change.” ³ though it was rejected by the U.S Supreme Court in April 2023. As of May 2023, the city’s suit is being overseen by the Chief Justice for the State of Hawaii’s Supreme Court Mark Recktenwald. According to The Daily Caller, Judge Recktenwald has admitted to collaborating with the ELI in the past by taking part in and presenting for symposiums and, “educational presentations relating to environmental, energy, and natural resource issues.” ⁴ It was also reported that at least two other Hawaii State Supreme Court justices, Associate Justice Sabrina McKenna and Associate Justice Michael Wilson, had attended similar symposiums organized by the ELI’s Climate Judiciary Project (CJP) meant for teaching “curriculum” to judges on how to handle legal cases based around climate change. Rob Schilling, executive director of policy transparency nonprofit Energy Policy Advocates, commented on Recktenwald’s affiliation with ELI by stating, “Judges are supposed to not only be impartial, but to maintain the appearance of impartiality so that the public can have faith in their rulings.” ⁵

According to The Daily Caller, the ELI has previously employed or consulted with those working for Sher Edling LLP, the law firm currently representing Honolulu in the city’s legal suit. Ann Carlson, President Biden’s nominee for administrator of the National Highway Traffic Safety Administration (NHTSA), had previously served on the ELI’s board of directors from 2016 through 2020 and consulted with Sher Edling. Carlson had also advised on ELI’s own CJP “curriculum” for how judges should approach climate change-based cases. Michael Burger, whom serves as Counsel on climate-related cases for Sher Edling, previously spoke at ELI briefings and conferences. In addition, former Sher Edling employee Meredith Wilensky worked as a Public Interest Law Fellow for ELI before joining the law firm in 2007. ⁶

1. “About the Environmental Law Institute.” Environmental Law Institute, Accessed May 25, 2023. https://www.eli.org/about-environmental-law-institute
2. “Accountability for the Fossil Fuel Industry.” Resilience Office: Office of Climate Change, Sustainability, and Resiliency, Accessed May 25, 2023. https://www.resilientoahu.org/fossil-fuel-litigation#:~:text=Honolulu’s%20Action&text=This%20legal%20action%20seeks%20to,other%20impacts%20of%20climate%20change.
3. Richardson, Katelynn. “Top State Judge Handling Climate Lawsuit Worked With Environmental Group Tied To Plaintiffs’ Lawyers.” The Daily Caller, May 17, 2023. https://dailycaller.com/2023/05/17/climate-lawsuit-lawyers-environmental-group/
4. Richardson, Katelynn. “Top State Judge Handling Climate Lawsuit Worked With Environmental Group Tied To Plaintiffs’ Lawyers.” The Daily Caller, May 17, 2023. https://dailycaller.com/2023/05/17/climate-lawsuit-lawyers-environmental-group/
5. Richardson, Katelynn. “Top State Judge Handling Climate Lawsuit Worked With Environmental Group Tied To Plaintiffs’ Lawyers.” The Daily Caller, May 17, 2023. https://dailycaller.com/2023/05/17/climate-lawsuit-lawyers-environmental-group/
6. Richardson, Katelynn. “Top State Judge Handling Climate Lawsuit Worked With Environmental Group Tied To Plaintiffs’ Lawyers.” The Daily Caller, May 17, 2023. https://dailycaller.com/2023/05/17/climate-lawsuit-lawyers-environmental-group/