CBS News
Supreme Court seeks Biden administration’s views in major climate change lawsuits
Washington — The Supreme Court on Monday asked the Biden administration to share its views in a pair of cases involving the city of Honolulu’s efforts to hold major oil and gas companies accountable for the impacts of climate change.
The one-lined order from the court invites the solicitor general to submit a brief in two appeals of a Hawaii Supreme Court decision brought by the energy industry. Justice Samuel Alito did not participate in the consideration of the cases. Though he did not provide an explanation, it is likely because Alito owned stock in ConocoPhillips, one of the companies named in the suits.
The legal battle brought by Honolulu and pursued in Hawaii state court is similar to others filed against the nation’s largest energy companies by state and local governments in their courts. Honolulu claims that the oil and gas industry engaged in a deceptive campaign and misled the public about the dangers of their fossil fuel products and the environmental impacts.
A group of 15 energy companies asked the Supreme Court to review the decision from the Hawaii Supreme Court that allowed the lawsuit brought by Honolulu, as well as its Board of Water Supply, to proceed. The suit was brought in Hawaii state court in March 2020, and Honolulu raised several claims under state law, including creating a public nuisance and failure to warn the public of the risks posed by their fossil fuel products.
The city accused the oil and gas industry of contributing to global climate change, which caused a number of harms including flooding, erosion and more frequent and intense extreme weather events. These changes, they said, have led to property damage and a drop in tax revenue as a result of less tourism.
The energy companies unsuccessfully sought to have the case moved to federal court, after which a state trial court denied their efforts to dismiss the case on the grounds that the claims raised by Honolulu under state law were overridden by federal law and the Clean Air Act.
The oil and gas industry has argued that greenhouse-gas emissions “flow from billions of daily choices, over more than a century, by governments, companies and individuals about what types of fuels to use, and how to use them.” Honolulu, the companies said, were seeking damages for the “cumulative effect of worldwide emissions leading to global climate change.”
The Hawaii Supreme Court ultimately allowed the lawsuit to proceed. The state’s highest court determined that the Clean Air Act displaced federal common law governing suits seeking damages for interstate pollution. It also rejected the oil companies’ argument that Honolulu was seeking to regulate emissions through its lawsuit, finding that the city instead wanted to challenge the promotion and sale of fossil fuel products “without warning and abetted by a sophisticated disinformation campaign.”
“Plaintiffs’ state tort law claims do not seek to regulate emissions, and there is thus no ‘actual conflict’ between Hawaii tort law and the [Clean Air Act],” the Hawaii Supreme Court ruled. “These claims potentially regulate marketing conduct while the CAA regulates pollution.”
The oil companies then asked the Supreme Court to step in and urged it to stop Honolulu’s lawsuit from going forward. Regulation of interstate pollution is a federal area governed by federal law, lawyers for the energy industry argued.
“Rarely does a case of such extraordinary importance to one of the nation’s most vital industries come before this court,” lawyers for the companies said in a filing. “Energy companies that produce, sell, and market fossil fuels are facing numerous lawsuits in state courts across the nation seeking billions of dollars in damages for injuries allegedly caused by global climate change.”
The oil and gas companies argued the case raises a “recurring question of extraordinary importance to the energy industry,” and one they urged the Supreme Court to address.
“In these cases, state and local governments are attempting to assert control over the nation’s energy policies by holding energy companies liable for worldwide conduct in ways that starkly conflict with the policies and priorities of the federal government,” they said. “That flouts this court’s precedents and basic principles of federalism, and the court should put a stop to it.”
Lawyers for Honolulu said in a filing that the case seeks to hold the oil and gas industry liable under Hawaii law for “deliberately concealing and misrepresenting the climate-change impacts of their fossil-fuel products.”
Its lawsuit, the city continued, does not interfere with the Environmental Protection Agency’s authority to regulate greenhouse-gas emissions. Honolulu’s legal team accused the oil and gas companies of pushing a theory in the case that “improperly attempts to cloak the former federal common law of interstate pollution in constitutional garb, with no foundation in the Constitution’s text or history.”
Usher accepted the lifetime achievement award at the 2024 BET Awards – even if the superstar mused it might be a bit early.
The Grammy winner stayed on his feet as a parade of artists performed his hits – Childish Gambino kicked it off with “U Don’t Have to Call,” joined by Keke Palmer, who took the lead on “You Make Me Wanna…” Coco Jones appeared in the audience for a sultry rendition of “There Goes My Baby,” serenading Usher and his wife Jenn Goicoechea.
Aude Guerrucci / REUTERS
Summer Walker hit the stage for “Good Good,” Tinashe did “Nice & Slow,” Marsha Ambrosius tackled “Superstar” and Chlöe performed “Good Kisser.” Teyana Taylor and Victoria Monét teamed up for “Bad Girl,” mirroring Usher and Beyoncé’s choreography from their performance of the song. Latto brought the energy for “Yeah!” In some ways, the homage underscored the women that carried much of the night – dominating the performances.
After introductions by Terry Lewis and Jimmy Jam, Usher accepted the award from music executive L.A. Reid.
“Getting here has definitely not been easy, but it has been worth it,” Usher began his lengthy speech, reflecting on his career, which has spanned over three decades. He questioned the timing, saying, “I’m still running and gunning and I still love this (expletive) like I did when I was 8 years old,” he said.
Much of his speech couldn’t be heard to audiences at home because it was censored.
“I forgive each and every person who had anything to say negative about me because it only motivated me to be who I am,” he said at one point.
Earlier in the night, Will Smith stood in a circle of fire – joined by Fridayy and the gospel choir Sunday Service – to make the live debut of his latest single, “You Can Make It.”
“I don’t know who needs this right now,” Smith opened his set. “But I am here to tell you, you can make it.”
Mid-way through, Kirk Franklin joined, and then two rapped together. “Nobody gets an easy ride,” Smith, who is in the midst of his comeback from slapping Chris Rock at the Oscars two years ago, told the room. “There is wisdom in that fire. Dance in your darkest moments.”
Aude Guerrucci / REUTERS
The forthcoming presidential election was a huge topic of conversation throughout the show. After Childish Gambino presented Killer Mike with the album of the year award for “Michael,” the rapper used his acceptance speech to address his Grammys arrest and voting.
“Technically, I was not supposed to be here. I was put in handcuffs, and I was marched out of this building. But I want to tell you, look at God. ‘Cause I’m back, baby. I’m back and I’m winning,” he said in his speech. Killer Mike was arrested at the Grammys earlier this year over a physical altercation he said was caused by an “over-zealous” security guard; he was not charged over the incident.
“They going to tell you who we vote for is important,” he continued his speech, “And it is who we vote for on the big stage. It’s important, but it’s more important you know who your city council person is, who your prosecutor is.”
Megan Thee Stallion opened the show by emerging from an egg – a metaphor for her a new musical rebirth – before diving into with an energetic medley of her new singles “Hiss” and “Boa.”
“BET, Where my girls at?” she said, shouting out Monét and Jones in the crowd before launching into “Where Them Girls At” – a track that’s been an immediate fan favorite since Friday’s release of her third studio album, “Megan.”
Taraji P. Henson hosted the show at the Peacock Theater in Los Angeles. Her opening monologue was a performance, Henson rapping “It’s about us,” in a loose parody of Kendrick Lamar’s “Not Like Us,” which he released in the midst of his reignited feud with Drake.
“No beef in here tonight,” she joked, “Can we say plant-based?”
Tyla, the Johannesburg , South African amapiano superstar, won two honors on the show, starting with best international act.
Later in the night, she’d take home the award for best new artist. “This is crazy,” she said. “I just want to dedicate this one to Africa.”
Monét, who earlier this year won the Grammy for best new artist, made her BET debut and set a high bar for performances, condensing a full set into a few mins with three costume changes and a pair of songs, “On My Mama” and “Alright.”
Then Sexyy Red took the stage, performing her smooth bedroom ballad “U My Everything” before moving to another stage and a costume change – tackling “Get It Sexyy” in front of an LED screen depicting the White House and dancers dressed like the Secret Service.
The show took a tonal shift when VanVan and Heiress Harris, two child rappers, their empowerment anthem “Be You” in a school room set. Harris is the daughter of rapper T.I. and singer Tiny Harris.
Best female R&B/pop artist went to SZA and best actress to Regina King, both of whom were not in attendance; the BET HER award went to Monét for “On My Mama.” She brought her mother up to accept it.
Country musician Tanner Adell brought her “Buckle Bunny” and her new song, “Cowboy Break My Heart.” GloRilla emerged from above, descending to join her dancers for “Yeah Glo!” and “Wanna Be” – the latter of which saw a surprise appearance from Megan Thee Stallion. Shaboozey kept the country coming with “A Bar Song (Tipsy)” and was joined by rapper J-Kwon, who appears on the track, creating an unexpected and rewarding collaboration across genres.
Lauryn Hill closed the night, beginning with “The Miseducation of Lauryn Hill” going into “Lost Ones,” before introducing her son YG Marley for his reggae tracks “Survival” and “Praise Jah In The Moonlight.” Best of all: Wyclef Jean appeared, and the trio – in front of a full-band – performed Fugees’ “Fu-Gee-La.” Pras, the third member of Fugees, was not present. The rapper, who was accused in multimillion-dollar political conspiracies spanning two presidencies, was convicted in April.
Boeing announced plans to acquire Spirit AeroSystems for $4.7 billion in an all-stock transaction. Spirit is part of the aerospace giant’s supply chain.
Boeing, located in Arlington, Virginia, announced the purchase in a statement early Monday. Spirit is headquartered in Wichita, Kansas.
At about the same time, European aerospace giant Airbus said it had entered into an agreement to buy “major activities related to Airbus” from Spirit.
Under intentions laid out in the announcements, Boeing would take over most of Spirit’s operations.
Spirit builds fuselages and other significant parts for both Boeing and Airbus.
The Airbus agreement is set to commence when Boeing’s acquisition of Spirit is completed, the two U.S. companies said.
The Boeing acquisition’s equity value of $4.7 billion is $37.25 per share, while the total value of the deal is around $8.3 billion, which includes Spirit’s last reported net debt, Boeing said.
Airbus said it would “be compensated by payment of $559 million” from Spirit “for a nominal consideration of $1.00, subject to adjustments including based on the final transaction perimeter.”
Boeing on why it’s making the move
Boeing President and CEO Dave Calhoun said in the company’s statement that, “We believe this deal is in the best interest of the flying public, our airline customers, the employees of Spirit and Boeing, our shareholders and the country more broadly.”
Boeing previously owned Spirit, and Boeing said bringing the supplier back into the Boeing fold would improve plane quality and safety, which have come under increasing scrutiny by regulators, Congress and airlines.
“By reintegrating Spirit, we can fully align our commercial production systems, including our Safety and Quality Management Systems, and our workforce to the same priorities, incentives and outcomes – centered on safety and quality,” Calhoun said.
The purchase of Spirit would reverse a longtime Boeing strategy of outsourcing key work on its passenger planes. That approach has been criticized as problems at Spirit disrupted production and delivery of popular Boeing jetliners, including 737s and 787s.
Concerns about safety came to a head after the Jan. 5 blowout of a panel on an Alaska 737 Max 9 at 16,000 feet over Oregon. The Federal Aviation Administration soon after announced increased oversight of Boeing and Spirit.
Plea deal for Boeing?
Separately, the Justice Department on Sunday presented Boeing with a plea deal after it accused Boeing of violating the terms of a 2021 deferred prosecution agreement that was put in place following two 737 Max crashes in 2018 and 2019.
The department told Boeing it could plead guilty or go to trial, people familiar with the talks confirmed to CBS News. The agreement would have the company plead guilty to the conspiracy charge it originally faced in 2021. In exchange, Boeing would pay a fine and enter a three-year probationary period, the people said.
The DOJ outlined the deal in a presentation to family members of the 737 Max crash victims earlier Sunday before presenting it to Boeing.
News of the plea deal was first reported by Reuters.
If Boeing agrees, a judge would have to sign off on the accord.
But Paul Cassell, an attorney who represents 15 of the victims’ families, told CBS News the proposal was “another sweetheart plea deal” and said the families will “strenuously object” to the deal.
Titanium parts a concern
On another safety front, the FAA said in June it is investigating how titanium parts that were sold with falsified quality documentation were used in the construction of Boeing and Airbus passenger jets in recent years.
Boeing and Airbus said the planes with the falsely documented parts are safe to fly, but Boeing said it would remove affected parts from planes that had not yet shipped to airline customers.
Americans have a specific dollar figure in mind for what it would take to financially secure, according to a new survey from Bankrate. That magic number? $186,000 in annual income.
Currently, only 6% of U.S. adults make that amount or more, Bankrate said. The median family income falls between $51,500 and $86,000, according to the latest federal data.
Attaining a sense of financial security means paying all of one’s bills as well as purchasing some wants, while having enough left over to save for the future, the personal finance site said. However, many inflation-weary consumers are experiencing increased financial stress, with a new Federal Reserve Bank of Philadelphia survey finding that 35% of Americans are worried about making ends meet, up from 29% a year earlier.
That gap between what the typical American makes now and what they aspire to earn means “Americans have their eyes set on this high income, and they think they need to make more money even if they know it’s unrealistic they’ll never make that amount,” Sarah Foster, an analyst at Bankrate, told CBS MoneyWatch.
Earning more remains at the top of many Americans’ priorities as the price of shelter, food and medical care remain stubbornly high after two years of rising inflation. To cope, consumers are cutting spending on dining out, entertainment and travel, a TransUnion study found.
Bankrate’s survey of 2,400 Americans in mid-May found that younger generations are more optimistic about eventually earning enough to live comfortably.
What does it take to be rich?
Americans have an even higher yardstick for feeling rich. The survey found they believe they would need to earn $520,000 a year to qualify as wealthy — up from their $483,000 response during the same survey last year.
The rising cost of consumer goods is a chief reason for the increase, Foster said. “Inflation is the centerpiece to this narrative,” Foster said. “Americans know where the bar is for living comfortably, but every time they get there, the cost of living goes up and the bar grows further and further away.”
Another recent report found that adults in major U.S. cities need to earn $96,500 annually before taxes to afford basic necessities and savings, while a two-parent household with two children needs a combined $235,000 for a comfortable life.
Interestingly, 2023 research from the late Nobel Prize-winning economist Daniel Kahneman and colleagues suggests that happiness does increase with income, up to about $500,000 – roughly the income Americans told Bankrate would make them feel rich.
