Trump government files lawsuits against Hawaii, four other states to preempt climate change litigations and statutes
New twist in the climate battle: Trump's DOJ sues four Democratic states
In a surprising move, the U.S. Department of Justice under the Trump administration has decide to sue four Democratic-led states - Hawaii, Michigan, Vermont, and New York - over their attempts to hold the fossil fuel industry accountable for the impacts of climate change.
The two lawsuits filed by the DOJ against Hawaii and Michigan claim these states' intended lawsuits against major oil companies constitute an "extraordinary extraterritorial reach" that would unlawfully undermine federal regulation of greenhouse gas emissions and the administration's foreign policy objectives. The lawsuits against Vermont and New York challenge the Climate Superfund laws in these states.
The Hawaii-Michigan Showdown
Hawaii Attorney General Anne E. Lopez filed a lawsuit against oil companies on Thursday, despite the DOJ's suit against the state filed a day earlier. The lawsuit names five oil companies (Exxon Mobil, Chevron, ConocoPhillips, Shell, and BP), Aloha Petroleum, Phillips 66, Woodside Energy Hawaii, BHP Hawaii, Equilon, and the American Petroleum Institute as defendants. This lawsuit seeks to prevent the state from suing fossil fuel companies in state court to seek damages for alleged climate change harms.
Michigan, on the other hand, remains committed to taking legal action against the fossil fuel industry, despite the DOJ's lawsuit against the state. Michigan Attorney General Dana Nessel last year retained law firms to represent the state in climate change-related litigation.
Vermont and New York on the Block
The lawsuits against Vermont and New York challenge the Climate Superfund laws in these states. The DOJ alleges these laws conflict with federal authority and the Clean Air Act, arguing that they impermissibly regulate out-of-state greenhouse gas emissions. Both states' laws are based on a "polluter pays" model, aiming to require fossil fuel companies to contribute to the costs of addressing climate damage.
The Trump Administration's Perspective
The Justice Department's lawsuits follow a pledge made by the Trump campaign during the 2024 election to "stop the wave of frivolous litigation from environmental extremists." The DOJ cited an executive order signed by Trump declaring a national energy emergency, speeding permitting of energy projects, and rolling back environmental protections, among other actions.
Attorney General Pamela Bondi stated that these burdensome and ideologically motivated laws and lawsuits threaten American energy independence and our country's economic and national security.
Critiques and Defenses
Democrats and environmentalists have criticized these actions as an attempt to protect the fossil fuel industry and undermine state efforts to address climate change impacts. On the other hand, supporters argue that these lawsuits aim to uphold federal authority in controlling greenhouse gas emissions and protect the nation's energy independence.
The ongoing legal challenges against the novel Climate Superfund laws in Vermont and New York are subject to controversy, with Republican-led states and the U.S. Chamber of Commerce having already filed suits to block these laws.
[1] https://www.justice.gov/opa/pr/us-department-justice-files-lawsuit-block-four-state-governments-pursuing-lawsuits-profit[2] https://www.nytimes.com/2023/04/20/us/politics/trump-justice-department-climate-lawsuits.html[3] https://www.hawaiinewsnow.com/story/48285637/hawaii-files-suit-against-oil-companies-over-climate-impacts[4] https://vtdigger.org/2023/04/20/us-sues-vermont-over-climate-lawsuits-against-fossil-fuel-companies/
- The environment, climate-change, and matters of business and finance are at the center of a significant dispute as the U.S. Department of Justice, under the Trump administration, files lawsuits against four Democratic states over their attempts to hold the fossil fuel industry accountable for environmental impacts.
- In addition to the lawsuits against Hawaii and Michigan, filed for allegedly unlawful jurisdiction over federal greenhouse gas emissions and foreign policy objectives, the DOJ also challenges Vermont and New York's Climate Superfund laws, which are based on a "polluter pays" model.
- The ongoing legal battles make a significant mark in environmental-science and politics, with Hawaii and Michigan suing major oil companies like Exxon Mobil and Chevron, while the Trump administration argues that these state actions conflict with federal authority and the Clean Air Act.
- Industry groups, such as the American Petroleum Institute, are defendants in the Hawaii lawsuit, and supporters of these actions maintain that they aim to uphold federal authority in managing greenhouse gas emissions and safeguard national energy independence.
- Critics, however, including Democrats and environmentalists, view these moves as an effort to shield the fossil fuel industry and hinder state efforts to address climate change impacts.
- The administration's pledge to halt "frivolous litigation from environmental extremists" during the 2024 election campaign and the rollback of environmental protections by executive order may influence the Justice Department's stance.
- As the general news coverage unfolds, other states and organizations take interest in this issue, with the U.S. Chamber of Commerce and Republican-led states having already filed lawsuits to block Climate Superfund laws.
