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COUNTY OF HAWAII '= �.'/ # STATE OF HAWAII
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RESOLUTION NO. 681 20
(DRAFT 2)
A RESOLUTION REQUESTING THE HAWAII COUNTY CORPORATION
COUNSEL TO JOIN LEGAL ACTION, CITY & COUNTY OF HONOLULU VS
SUNOCO LP, ET AL., CIV. NO. 20-380,AGAINST FOSSIL FUEL COMPANIES TO
RECOVER CLIMATE CRISIS-RELATED COSTS THAT HAVE IMPACTED THE
COUNTY OF HAWAII.
WHEREAS, page 70 of the 2017 Hawai`i Sea Level Rise Vulnerability and Adaptation
Report posited that with a 3.2 feet sea level rise low-lying coastal lands would become
submerged by coastal erosion, incur direct marine flooding from tides and waves, or become new
wetlands behind the shoreline from rising water tables, and would also result in reduced drainage
on the island of Hawai`i: and
WHEREAS, according to the 2019 City and. County of Honolulu Annual Sustainability
Report, climate change has already caused more frequent and powerful hurricanes and tropical
storms, intense rainfall, and flood events, a trend which is predicted to accelerate in the future;
and
WHEREAS, the 2019 report further stated that climate change presents a threat
multiplier for the natural hazards our island faces, and we are witnessing the impacts of chronic
coastal erosion, shoreline armoring, and sea level rise to both our beaches and coastal
infrastructure; and
WHEREAS, coastal communities throughout the United States, and around the world,
face growing costs to protect their residents, businesses, and infrastructure from rapid sea level
rise and other climate related damages; and
WHEREAS, according to City& County of Honolulu vs Sunoco LP, et al., Civ. No. 20-
380 circuit court case, multiple corporations were fully aware that consumption of their products
and services would have direct detrimental impacts with regard to the earth's climate; and
WHEREAS, Per the 2017 Hawaii Sea Level Rise Vulnerability and Adaptation Report
for Hawaii Island, page 69 and page 75, over the next 30 to 70 years, homes and businesses
located near a shoreline will be impacted by sea level rise, approximately 130 structures will be
chronically flooded by 3.2 feet of sea level rise, potential economic losses (all structures and
land) island-wide would increase from an estimated $195 million with l.l feet of sea level rise to
$426 million with 3.2 feet of sea level rise; and
WHEREAS, the fossil fuel companies to be named as defendants in the legal action
include Chevron, Shell, Exxon Mobil, BP, the BHP Group, ConocoPhillips, Marathon (formerly
Tesoro), and Aloha Petroleum, and more specifically include'the following corporate entities:
Chevron Corp., Chevron USA Inc., Royal Dutch Shell PLC, Shell Oil Company, Shell Oil
Products Company LLC, Exxon Mobil Corp., ExxonMobil Oil Corp., BP PLC, BP America Inc.,
BHP Group Limited, BHP Group PLC, BHP Hawai`i Inc., ConocoPhillips, ConocoPhillips
Company, Phillips 66 Company, Polar Tankers Inc., Marathon Oil Co., Marathon Oil Corp.,
Marathon Petroleum Corp., Sunoco LP, Aloha Petroleum Limited, and Aloha Petroleum LLC;
and
WHEREAS, Section 6-5.3 of the Hawaii County Charter(2018 Edition), provides in
part that"The corporation counsel shall represent the county in all civil legal proceedings and
shall perform all other services incident to the office as may be required by law", now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
hereby requests and approves the Hawaii County Corporation Counsel to join legal action
against fossil fuel companies to recover damages for their role in causing climate change, sea
level rise, and associated impacts on the County of Hawai`i.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable Harry Kim, Mayor, and Joseph.Kamelamela, Corporation Counsel.
Dated at Hilo , Hawai`i, this 5th_day of August , 2020 •
INTRODUCED B Y:
COUNCIL MEM BE , COUNTY OF HAWAI I
COUNCIL ME 'BER, OUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF i X
the vote indicated to the right hereof adopted by the COUNCIL of the
X
County of Hawaii on August 5,2020 KANEALI�I-KLEINFELDER i-- —. - -
KIERKIEWIC:Z X
' LEE LOY — — X
ATTEST: , POINDEXTER f X
RICIIARDS -_---�( -- X -
V 1LLEGAS—-- � X -- -
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Reference: C-994.2/AWEEMC-16 _
C CLERK C AIRPERSON &PRESIDING 0 CER RESOLUTION NO. ¶DT
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