DETROIT (AP) 鈥 The U.S. Justice Department filed lawsuits against four states this week, claiming their climate actions conflict with federal authority and President Donald Trump’senergy dominance agenda.
The DOJ on Wednesday filed lawsuits against Hawaii and Michigan over their planned legal action against fossil fuel companies for harms caused by climate change. On Thursday, the DOJ sued New York and Vermont, challenging their that would to pay into state-based funds based on previous greenhouse gas emissions.
鈥淭hese burdensome and ideologically motivated laws and lawsuits threaten American energy independence and our country鈥檚 economic and national security,鈥 Attorney General Pamela Bondi said in a statement. 鈥淭he Department of Justice is working to 鈥楿nleash American Energy鈥 by stopping these illegitimate impediments to the production of affordable, reliable energy that Americans deserve.鈥
The DOJ lawsuits, which legal experts say are unprecedented, mark the latest of the Trump administration’s attacks on environmental work and raises concern over states’ abilities to retain the power to take climate action without federal opposition.
DOJ鈥檚 court filings said the states鈥 plans and policies 鈥渋mpermissibly regulate out-of-state greenhouse gas emissions and obstruct the Clean Air Act鈥檚 comprehensive federal-state framework and EPA鈥檚 regulatory discretion.鈥
The DOJ cited the Clean Air Act 鈥 a federal law authorizing the Environmental Protection Agency to regulate air emissions 鈥 saying it creates “a program for regulating air pollution in the United States and 鈥渄isplaces鈥 the ability of States to regulate greenhouse gas emissions beyond their borders.鈥
DOJ argued Wednesday that Hawaii and Michigan are violating the intent of the Act that enables the EPA authority to set nationwide standards for greenhouse gases, citing the states鈥 expected litigation against oil and gas companies for alleged climate damage.
Democratic Michigan Attorney General Dana Nessel last year to go after the fossil fuel industry for negatively affecting the state’s climate and environment.
Meanwhile, Democratic Hawaii Governor Josh Green plans to target fossil fuel companies that he for their role in the state’s climate impacts, including 2023’s .
When burned, fossil fuels release emissions such as carbon dioxide that warm the planet.
A spokesperson for Democratic Michigan Gov. office deferred to Nessel when asked for comment.
鈥淭his lawsuit is at best frivolous and arguably sanctionable,” Nessel said in a statement, which noted that Michigan hasn鈥檛 filed a lawsuit. “If the White House or Big Oil wish to challenge our claims, they can do so when our lawsuit is filed; they will not succeed in any attempt to preemptively bar our access to make our claims in the courts. I remain undeterred in my intention to file this lawsuit the President and his Big Oil donors so fear.鈥
Green’s office and the Hawaii Attorney General’s office did not immediately respond to requests for comment.
Meanwhile, Thursday’s filings called the states’ Superfund Acts 鈥 modeled on the 45-year-old federal superfund law enacted to address the harm associated with hazardous waste sites 鈥 鈥渁 transparent monetary-extraction scheme.鈥 Trump has suggested the superfund laws 鈥渆xtort鈥 payments from energy entities.
New York is looking for $75 billion and has been previously ; Vermont hasn’t specified what it is seeking. Both
鈥淏y purporting to regulate the effect of greenhouse gas emissions on climate change, the Act necessarily reaches far beyond鈥 the states of New York and Vermont, the DOJ argued, saying the states are incorrectly looking to regulate nationwide and global airspace.
The offices of New York Gov. Kathy Hochul, Attorney General Letitia James, Vermont Gov. Phil Scott and Vermont Attorney General Charity Clark did not immediately return emailed requests for comment.
鈥淎t a time when States should be contributing to a national effort to secure reliable sources of domestic energy,鈥 all four states are choosing “to stand in the way,鈥 all four filings said.
In its filings, the DOJ repeated the Republican president鈥檚 claims of America鈥檚 energy emergency and crisis.
But legal experts raised concern over the government’s arguments.
Michael Gerrard, founder and faculty director of the Columbia University Sabin Center for Climate Change Law, said usual procedure is the DOJ asking a court to intervene in pending environmental litigation 鈥 as is the case in some instances across the country.
While this week’s suits are consistent with Trump鈥檚 plans to oppose state actions that interfere with energy dominance, 鈥渋t鈥檚 highly unusual,鈥 Gerrard told The Associated Press of the cases of Hawaii and Michigan. 鈥淲hat we expected is they would intervene in the pending lawsuits, not to try to preempt or prevent a lawsuit from being filed. It鈥檚 an aggressive move in support of the fossil fuel industry.
鈥淚t raises all kinds of eyebrows,” he added. 鈥淚t鈥檚 an intimidation tactic, and it鈥檚 telling the fossil fuel companies how much Trump loves them.鈥
Ann Carlson, an environmental law professor at the University of California, Los Angeles, who has previously consulted on climate litigation, said this week鈥檚 lawsuits look 鈥渓ike DOJ grasping at straws,鈥 noting that EPA Administrator Lee Zeldin said his agency is seeking to overturn a finding under the Clean Air Act that greenhouse gases endanger public health and welfare.
鈥淪o on the one hand the U.S. is saying Michigan, and other states, can鈥檛 regulate greenhouse gases because the Clean Air Act does so and therefore preempts states from regulating,鈥 Carlson said. 鈥淥n the other hand the U.S. is trying to say that the Clean Air Act should not be used to regulate. The hypocrisy is pretty stunning.鈥
Trump’s administration has in the . Federal agencies have announced plans to , roll back , block and double down on .
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Associated Press writer Isabella Volmert in Lansing, Mich. contributed to this report.
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Alexa St. John is an Associated Press climate reporter. Follow her on X: . Reach her at ast.john@ap.org.
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