The U.S. Justice Department is taking legal action against four states—New York, Vermont, Michigan, and Hawaii—concerning state climate initiatives that it deems unconstitutional. On Thursday, the Justice Department filed lawsuits targeting New York and Vermont for their so-called “climate superfund laws.” Parallel actions were initiated against Michigan and Hawaii to block those states from suing fossil fuel companies in pursuit of damages tied to climate change.
Vermont’s recent legislation stands out as the first of its kind in the nation, mandating oil companies to cover costs associated with the damage caused by their emissions. In similar fashion, New York has enacted a law designed to establish a “Climate Superfund.” This law obligates large fossil fuel companies to contribute to critical environmental projects benefiting the state. Under this law, beginning in December 2024, major oil firms could be liable for up to $75 billion over the next 25 years for climate-related harm.
These lawsuits amplify directives from President Donald Trump, particularly aimed at combating what his administration describes as state overreach regarding energy policies. Attorney General Pamela Bondi has received instructions to ensure the enforcement of laws that may impede domestic energy production, which the administration argues is vital for maintaining energy affordability and reliability.
In the lawsuits against Hawaii and Michigan, the government asserts that these states’ attempts to pursue claims against fossil fuel companies conflict with the Clean Air Act and infringe upon constitutional standards. Furthermore, the Justice Department contends that both the New York and Vermont climate initiatives violate federal law, as they are perceived as preempted by the Clean Air Act and federal authority over foreign affairs.
The Justice Department seeks not only a declaration to label these state laws unconstitutional but also an injunction to halt their enforcement. Attorney General Bondi contended that the controversial state laws and lawsuits pose risks to the nation’s energy independence, economic stability, and national security.
As the nation navigates its complex relationship with energy production and climate policy, the outcomes of these legal challenges could significantly shape the landscape of environmental regulation in the United States.
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