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HomeMy WebLinkAboutRES 681 Draft 01 2018-2020oJtY of y,. COUNTY OF HAWAII STATE OF HAWAII t,TF OF HF'�' RESOLUTION NO.�r�. 20 A RESOLUTION REQUESTING THE HAWAII COUNTY CORPORATION COUNSEL TO JOIN LEGAL ACTION, CITY & COUNCIL 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 Hawaii 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 Hawaii; 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, 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 1.1 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 Hawaii 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 Hawaii. 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 , Hawai`i, this day.of COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: INTRODUC COUNCIL ME COUNCIL MEMB 20 COUNTY OF HAWAII COUNTY OF HAWAII ROLL CALL VOTE AYES NOES ABS EX CHUNG DAVID EOFF KANEALI `I-KLEINFELDER KIERKIEWICZ LEE LOY POINDEXTER RICHARDS ' VILLEGAS Reference: C-994/AWEEMC COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 681 20 2