Donald Trump (Kevin Dietsch/Getty Images)
The Trump administration is suing both Michigan and Hawaii over the states' plans to take oil companies to court over their alleged role in causing global warming and environmental damage.
In complaints filed late Wednesday, federal prosecutors said the two states' planned actions against the oil and gas industry would directly counter the Trump administration's efforts to boost domestic energy production, enforce federal emissions laws, and conduct foreign affairs. The state's lawsuits, by blaming oil companies for weather-related damages, could decimate and bankrupt those companies, presenting an existential threat to the industry.
The unexpected complaints are a clear signal that the Trump administration is prepared to go to great lengths in defending the American oil and gas industry, even if it means intervening in state-level litigation. It also opens up the possibility of the administration intervening in similar climate litigation that has already been filed by several states and dozens of local governments nationwide.
The complaints also appear to be a direct response to President Donald Trump's executive order last month directing Attorney General Pam Bondi to immediately identify state-level "causes of action, policies, and practices" that burden domestic energy production or that may be unconstitutional.
"The United States is facing an energy crisis. Overly restrictive policies and regulations have caused inadequate development of America’s abundant energy resources," the complaints stated. "As a result of state restrictions and burdens on energy production, the American people are paying more for energy, and the United States is less able to defend itself from hostile foreign actors."
"At a time when States should be contributing to a national effort to secure reliable sources of domestic energy, [Michigan and Hawaii are] choosing to stand in the way. This nation’s Constitution and laws do not tolerate this interference," it continued.
The issue dates back to May 2024, when Michigan attorney general Dana Nessel announced she would solicit bids from attorneys and law firms who could assist the state in pursuing litigation related to the climate change impacts caused by the fossil fuel industry. "Severe weather events are on the rise. These impacts threaten not only our way of life but also our economy," she remarked.
And earlier this week, Hawaii Gov. Josh Green (D.) said his state would file a lawsuit against oil companies on Thursday, local news outlet KHON-TV reported.
While Green didn't say whether he would hire outside help, Nessel's office announced in October that it had hired three law firms led by the California-based Sher Edling to spearhead her state's effort. Sher Edling's involvement is notable because it is already involved in similar litigation filed by nine other Democratic-led states, more than a dozen cities and counties, Washington, D.C., and Puerto Rico, which altogether are home to more than 25 percent of Americans.
In the lawsuits, state prosecutors accuse defendants—which include some of the largest oil companies in the world, including ExxonMobil, Chevron, and BP—of contributing to climate change and spreading misinformation about their products, and seek a judgment in which defendants would pay hefty damages. Critics say the litigation is designed to punish the industry and lay the groundwork for an economy-wide green energy transition.
The Trump administration's complaints Wednesday assert that Michigan's and Hawaii's anticipated lawsuits would preempt federal enforcement of the Clean Air Act, which authorizes the federal government to regulate interstate global greenhouse gas emissions, not individual states. And it argues the lawsuits would violate the Constitution as they would seek to enact policies for the entire nation.
The complaint also argues the lawsuits would preempt the federal government's role in conducting foreign affairs since emissions are inherently international and relate to worldwide fossil fuel extraction and refining.
"This is welcome pushback against rogue blue states trying to dictate global energy policy through litigation backed by shady out-of-state interests," a senior energy industry official told the Washington Free Beacon. "These politically-motivated attacks against reliable and affordable American energy are blatant power grabs that undermine federal authority, jack up consumer costs, and hand geopolitical power to America’s adversaries."
"The administration is absolutely right to draw a line in the sand," the official added. "Other states pulling stunts that undermine American energy dominance should think twice."
Representatives for Green and Nessel did not immediately respond to a request for comment.
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