The US Department of Justice (DOJ) Thursday filed lawsuits against Hawaii, Michigan, New York, and Vermont over “unconstitutional” and “burdensome” climate change initiatives.
The lawsuits fit into two categories. First, the DOJ filed suits against the states of New York and Vermont over their “climate superfund laws.” In 2024 both states passed legislation that aims to recover money from fuel companies that are “responsible” for climate related harm. These laws mirror the 1980 federal Superfund that was created to address uncontrolled hazardous waste sites. Superfunds impose strict liability on the offending parties. This raises a potential legal hurdle: in 2021 the Second Circuit Court of Appeals ruled that municipalities cannot use state tort law to hold multinational companies responsible for the damages caused by greenhouse gas emissions because “global warming is a uniquely international concern that touches upon issues of federalism and foreign policy.”
The DOJ argues that these state superfunds are preempted by the Clean Air Act, which regulates emissions at the federal level. The lawsuits contend that New York and Vermont have exceeded their legislative reach and unlawfully interfered with federal powers regarding interstate commerce and foreign-affairs. The DOJ seeks a declaration that these state laws are unconstitutional and an injunction against their enforcement.
A coalition of 24 states have separately filed a lawsuit against New York’s superfund. However, earlier this year the Supreme Court declined to hear a similar lawsuit filed by 19 states that sought to prevent five other states from pursuing climate initiatives. The Court cited its “discretion to decline review” of lawsuits between states. NY State Senator Liz Krueger, sponsor of the state’s superfund law, strongly criticized the pending lawsuit: “We always knew that Big Oil & Gas would sue to avoid having to clean up the mess they made, following the playbook of Big Tobacco before them…”
In lawsuits filed against Hawaii and Michigan on Thursday, the DOJ seeks to prevent each state from suing fossil fuel companies for “climate change harms” in their respective state courts. Hawaii officially filed a lawsuit against seven fuel companies on Thursday following the DOJ’s complaint; the lawsuit claims these companies were “fully aware and substantially certain” that their activities would cause climate-related harms and injure public rights. Michigan is currently engaged with three private law firms with the intention of launching a similar lawsuit against oil and gas companies. In a statement to The Associated Press, Columbia Law School professor Michael Gerrard questioned the DOJ’s approach in filing this proactive litigation: “It’s highly unusual…. It’s an aggressive move in support of the fossil fuel industry.”
The DOJ contends that Hawaii and Michigan are violating federal law and that their actions will burden energy production, cost Americans more money, and leave the United States vulnerable against hostile foreign actors. Speaking about the lawsuits, Acting Assistant Attorney General Adam Gustafson remarked: “When states seek to regulate energy beyond their constitutional or statutory authority, they harm the country’s ability to produce energy and they aid our adversaries.” In a Facebook post Thursday, Michigan Attorney General Dana Nessel described the litigation as an “unprecedented preemptive intervention” and suggested that the Trump administration is beholden to “Big Oil” campaign donors.
This comes amidst a spate of executive authority targeting climate and energy issues. Last month, President Trump signed Executive Order 14260 (‘Protecting American Energy From State Overreach’). In January, Executive Order 14156 (‘Declaring a National Energy Emergency’) was signed.
