DOJ Sues Hawaii, Michigan, Vermont, and New York Over Climate Laws

The Department of Justice accused the four states of overreach.
DOJ Sues Hawaii, Michigan, Vermont, and New York Over Climate Laws
An oil refinery displays an American flag in Wilmington, Calif., on Sept. 21, 2022. Allison Dinner/Getty Images
Rachel Acenas
Updated:
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The Trump administration has taken legal action against the Democratic-led states of Hawaii, Michigan, Vermont, and New York over their climate-related actions, alleging that they interfere with federal authority and the country’s energy development, according to the Department of Justice (DOJ).

The DOJ on May 1 accused the four states of overreach through their climate laws and lawsuits.

“These burdensome and ideologically motivated laws and lawsuits threaten American energy independence and our country’s economic and national security,” Attorney General Pamela 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.”

The DOJ argued that the Clean Air Act has already created a comprehensive program for regulating air pollution in the United States.

Since the Clean Air Act puts the Environmental Protection Agency (EPA) in charge of setting nationwide standards, the states have violated federal law through their climate regulations, the DOJ said.

The lawsuits against the four states followed President Donald Trump’s April 8 executive order designed to protect American energy from state overreach and stated that the nation’s energy independence is threatened when state and local governments seek to regulate energy beyond their statutory authorities.

Hawaii and Michigan

The DOJ sued Hawaii and Michigan on April 30 in part in an attempt to block them from filing lawsuits against major gas and oil companies for alleged climate-related harms, according to the complaints.

NTD, sister media of The Epoch Times, reached out to the governors’ offices and attorneys general’s offices for both states for a response to the DOJ’s lawsuit.

Hawaii’s Attorney General Anne Lopez told NTD in an emailed statement that it will move forward with its lawsuit against fossil fuel companies regardless of the DOJ’s legal action.

The state’s lawsuit names seven groups of affiliated fossil fuel companies and the American Petroleum Institute, the largest oil and gas trade association in the United States, according to the attorney general.

“We have an obligation to the people of Hawaiʻi, to do everything in our power to fight deceptive practices from these fossil fuel companies that erode Hawaiʻi’s public health, natural resources and economy,“ Lopez said. ”The federal lawsuit filed by the Justice Department attempts to block Hawaiʻi from holding the fossil fuel industry responsible for deceptive conduct that caused climate change damage to Hawaiʻi.”

Michigan Attorney General Dana Nessel called the DOJ’s lawsuit “frivolous” in a statement.

“If the White House or Big Oil wish to challenge our claims, they can do so when our lawsuit is filed; they will not succeed in any attempt to preemptively bar our access to make our claims in the courts,“ Nessel said. ”I remain undeterred in my intention to file this lawsuit the President and his Big Oil donors so fear.”

New York and Vermont

The DOJ challenged New York and Vermont over their climate “superfund” laws on May 1.

In May 2024, the Vermont Legislature passed its Climate Superfund Act, which allows the state to recover financial damages from fossil fuel companies for the alleged impacts of climate change in the state. The recovered funds would support climate adaptation projects, according to the state.

In December 2024, New York Gov. Kathy Hochul signed legislation that requires large fossil fuel companies to pay for infrastructure and other projects aimed at protecting residents.

The laws impose penalties “for those businesses’ purported contributions to harms that those states allegedly are experiencing from climate change,” according to the DOJ. The New York law seeks $75 billion from energy companies, while the Vermont law seeks an unspecified amount.

The DOJ is seeking a declaration that these state laws are unconstitutional and an injunction against the enforcement of the states’ laws.

The office of the attorney general from New York did not immediately respond to NTD’s request for comment.

A spokeswoman for Hochul said in a statement: “Governor Hochul proudly signed the Climate Superfund Act because she believes corporate polluters should pay for the damage done to our environment—not everyday New Yorkers. We will not back down, not from Big Oil, and not from federal overreach.”

Vermont Attorney General Charity Clark said she looked forward to representing Vermont in this case.

The Associated Press contributed to this report.
Rachel Acenas
Rachel Acenas
Freelance Reporter
Rachel Acenas is an experienced journalist and TV news reporter and anchor covering breaking stories and contributing original news content for NTD's digital team.
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