The Justice Department (DOJ) has filed lawsuits against four Democrat-led states: Hawaii, Michigan, New York and Vermont, over what it calls unconstitutional climate policies that threaten U.S. energy independence and national security.
The move follows President Donald Trump’s Executive Order 14260, Protecting American Energy from State Overreach, directing federal action against state laws that burden domestic energy development.
‘These burdensome and ideologically motivated laws and lawsuits threaten American energy independence and our country’s economic and national security,’ said Attorney General Pam Bondi.
‘The Department of Justice is working to ‘Unleash American Energy’ by stopping these illegitimate impediments to the production of affordable, reliable energy that Americans deserve.’
The DOJ filed complaints Tuesday against New York and Vermont over newly passed ‘climate superfund’ laws, which would impose strict liability on fossil fuel companies for alleged contributions to climate change.
New York’s law alone seeks $75 billion in damages from energy firms. According to the DOJ, these laws are preempted by the federal Clean Air Act, violate the Constitution, and infringe on federal foreign affairs powers.
‘These state laws assess penalties on businesses for global activities that Congress has not authorized states to regulate,’ the DOJ argued in its filings.
Separate lawsuits were filed Monday against Hawaii and Michigan to block those states from suing fossil fuel companies in state court over past climate harms. The DOJ argues that those states’ litigation would place unconstitutional burdens on energy producers.
‘When states seek to regulate energy beyond their constitutional or statutory authority, they harm the country’s ability to produce energy and they aid our adversaries,’ said Acting Assistant Attorney General Adam Gustafson.