The Trump administration is fighting back against several blue states for their attempts to enact left-wing climate goals through litigation against oil and gas companies, as well as their efforts to enforce overly expansive state environmental regulations.
The Justice Department filed separate complaints late Wednesday against Michigan and Hawaii accusing the states of preempting federal regulation under the Clean Air Act, interfering in the Trump administration’s foreign policy goals, and obstructing the White House’s push to bolster American energy production.
On Thursday, the Justice Department and Environmental Protection Agency filed two more complaints against Vermont and New York alleging Vermont’s Climate Superfund Act and New York’s Climate Change Superfund Act are unconstitutional and preempted by the Clean Air Act and federal foreign affairs powers.
“These burdensome and ideologically motivated laws and lawsuits threaten American energy independence and our country’s economic and national security,” Attorney General Pam Bondi said in a statement.
“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,” Bondi added.
Michigan and Hawaii have both filed lawsuits against fossil fuel companies seeking large sums of money as compensation for the companies’ alleged role in causing negative climate outcomes in their respective states. Both states have Democratic attorneys general and blue governing trifectas, although Michigan is a swing state with a robust auto industry.
“As a result of state restrictions and burdens on energy production, the American people are paying more for energy, and the United States is less able to defend itself from hostile foreign actors,” the Michigan lawsuit reads.
“At a time when States should be contributing to a national effort to secure reliable sources of domestic energy, Michigan is choosing to stand in the way. This Nation’s Constitution and laws do not tolerate this interference.”
The two claims could jeopardize the future of the oil and gas industry, and potentially pose an existential threat to the short term stability of the U.S. energy supply, if successful. They are part of a broader pattern of left-wing environmentalists attempting to alter federal policy through endless litigation and state laws.
“Michigan and Hawaii want to blame our oil and gas industry for the weather, while ignoring the fact that these companies power our economy, create jobs, and keep the lights on. These climate lawsuits are nothing more than a backdoor Green New Deal pushed by activist attorneys and liberal judges,” said Jason Isaac, CEO of the pro-fossil fuel American Energy Institute.
Vermont and New York’s climate laws attempt to impose retroactive fines and penalties on fossil fuel companies for alleged disproportionate contributions to global greenhouse gas emissions, a scale that goes well beyond each state. The Democratic-run states would extract billions worth of fines in order to fund “climate adaptation” infrastructure projects they consider necessary for combating environmental damage. Each climate law singles out businesses that extract fossil fuel or refine oil, and do not penalize companies that use oil and gas downstream of the fossil fuel entities.
Vermont itself does not have any natural gas or coal reserves and it does not have any petroleum refineries, according to the U.S. Energy Information Administration. New York produces a “small amount” of natural gas and crude oil, but is one of the largest consumers of natural gas and petroleum. It depends on other states to meet 85 percent of its energy needs. With that being said, the states’ environmental regulations penalize lawful business activities occurring largely outside of their borders and beyond U.S. borders.
“The Trump Administration has made it clear that they will stand up for hardworking Americans who want to make their own choices about what products to purchase and have cheap, reliable energy to power their way of life and support their family,” said O.H. Skinner, executive director of Alliance for Consumers, a right-leaning watchdog organization.
Energy production is a top priority of the Trump administration for economic and national security purposes. Upon taking office, President Trump immediately signed executive orders meant to undo Biden-era regulations and “unleash” U.S. energy production.
In April, Trump signed an order, “Protecting American Energy from State Overreach,” to combat blue-state climate regulations. At the time, he specifically singled out the laws passed in Vermont and New York. The Justice Department’s legal actions comply with Trump’s directive for Bondi to prevent the blue-state laws from being enforced.