States of Hawaii, Michigan, Vermont, and New York face legal action by the Justice Department for their respective climate-related initiatives.
TITLE: The Feds Take On States in a Clash Over Climate and Fossil Fuels
The U.S. Justice Department Suing Four States Over Climate Actions
DETROIT (AP) - Tensions between states and the federal government have reached a boiling point over climate change as the U.S. Justice Department has filed lawsuits against four states, alleging their climate actions conflict with federal authority and President Trump's energy dominance agenda.
On Wednesday, the DOJ sued Hawaii and Michigan over their plans to take legal action against fossil fuel companies for harms caused by climate change. The following day, the DOJ targeted New York and Vermont, challenging their climate superfund laws that would force fossil fuel companies to pay into state-based funds based on their past greenhouse gas emissions.
"These ideologically motivated laws and lawsuits threaten American energy independence and our country's economic and national security," stated Attorney General Pamela Bondi, with the DOJ aiming to halt these "illegitimate impediments" to the production of affordable, reliable energy.
Legal experts have referred to these lawsuits as unprecedented, with the Trump administration's latest attack on environmental work raising concerns about states' abilities to retain the power to take climate action without federal opposition.
The DOJ's Lawsuits and the Climate Superfund Laws
The suits contend that the state efforts undermine the federal government, increase energy costs, and disrupt the national energy market. They argue that these state plans and policies are unconstitutional, violate federal foreign affairs power, and are preempted by the Clean Air Act - a federal law authorizing the Environmental Protection Agency to regulate air emissions.
The DOJ argues that the Clean Air Act "creates a program for regulating air pollution in the United States and 'displaces' the ability of States to regulate greenhouse gas emissions beyond their borders."
On Thursday, Hawaii sued seven groups of affiliated fossil fuel companies and the American Petroleum Institute, alleging harm to public trust resources, negligence, and more. Gov. Josh Green is targeting fossil fuel companies for their role in the state's climate impacts, including the 2023 Lahaina wildfire.
Michigan has also been aggressive, tapping private law firms to pursue the fossil fuel industry for negatively affecting the state's climate and environment. Despite the DOJ's lawsuits, Michigan has not yet filed its lawsuit.
New York and Vermont's Climate Superfund Laws
New York is seeking $75 billion, while Vermont has yet to specify its target amount. Both laws, approved in 2024, have drawn criticism from the DOJ as "a transparent monetary-extraction scheme." Trump has previously argued that superfund laws "extort" money from energy entities.
This legal battle between the Trump administration and these four states is an extension of the president's push to support the fossil fuel industry. The DOJ's actions demonstrate the federal government's intention to oppose state actions that interfere with energy dominance, sparking concerns over the future of climate policy and the potential consequences for corporations.
Michael Gerrard, founder and faculty director of the Columbia University Sabin Center for Climate Change Law, described the government's actions as an "intimidation tactic" in favor of the fossil fuel industry. As this legal conflict unfolds, the outcome could redefine state autonomy in climate policy and set precedents for corporate liability regarding historical emissions.
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