The suits raise concern over states’ abilities to retain the power to take climate action without federal opposition.
The U.S. Justice Department on Wednesday filed lawsuits against Hawaii and Michigan over their planned legal action against fossil fuel companies for harms caused by climate change, claiming the state actions conflict with federal government authority and President Donald Trump’senergy dominance agenda.
The suits, 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.
In court filings, the DOJ said the Clean Air Act — a federal law authorizing the Environmental Protection Agency to regulate air emissions — “creates a comprehensive program for regulating air pollution in the United States and “displaces” the ability of States to regulate greenhouse gas emissions beyond their borders.”
DOJ argues 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’ pending litigation against oil and gas companies for alleged climate damage.
Democratic Michigan Attorney General Dana Nessel last year tapped private law firms 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 said should take responsibility for their role in the state’s climate impacts, including 2023’s deadly Lahaina wildfire.
When burned, fossil fuels release emissions such as carbon dioxide that warm the planet.
