HomePoliticsDOJ Sues Four Democrat-Led States Over 'Unconstitutional' Climate Laws Threatening U.S. Energy Security

DOJ Sues Four Democrat-Led States Over 'Unconstitutional' Climate Laws Threatening U.S. Energy Security

Sarah Johnson

Sarah Johnson

May 2, 2025

3 min read

Brief

The DOJ sues Hawaii, Michigan, New York, and Vermont, claiming their climate laws threaten U.S. energy security and overstep constitutional boundaries.

The Justice Department has thrown down the legal gauntlet against four Democrat-led states—Hawaii, Michigan, New York, and Vermont—accusing them of passing climate laws that supposedly threaten U.S. energy security and independence. The lawsuits, announced this week, are aimed at blocking what the DOJ calls 'unconstitutional' state measures that target fossil fuel companies and complicate domestic energy development.

This federal pushback comes on the heels of President Donald Trump’s Executive Order 14260, which directs the government to protect American energy production from what it sees as state-level overreach. Attorney General Pam Bondi didn’t mince words, claiming these state laws are 'burdensome and ideologically motivated,' posing risks to both the economy and national security. In her view, the DOJ is on a mission to 'Unleash American Energy' by stopping what she called illegitimate roadblocks to affordable, reliable power for Americans. That’s one way to put it—definitely sounds like someone’s gearing up for a marathon, not just a legal battle.

The complaints specifically target New York and Vermont’s new 'climate superfund' laws. These would slap fossil fuel companies with strict liability for their alleged contributions to climate change, with New York alone seeking a jaw-dropping $75 billion in damages from energy firms. The DOJ argues these state policies are preempted by the federal Clean Air Act, violate the Constitution, and even step on federal foreign affairs powers. In legal filings, the DOJ claims, 'These state laws assess penalties on businesses for global activities that Congress has not authorized states to regulate.' In other words, the DOJ thinks these states are trying to play referee in an international game they don’t have a rulebook for.

Meanwhile, separate lawsuits were launched this week against Hawaii and Michigan to block their efforts to sue fossil fuel companies in state court for alleged past climate harm. Acting Assistant Attorney General Adam Gustafson argued that these cases would place unconstitutional burdens on energy producers and undermine the country’s energy strategy as a whole. '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,' Gustafson warned. The DOJ is now asking federal courts to declare these state laws unconstitutional and prevent them from being enforced.

As of now, the DOJ has not responded to requests for further comment. One thing’s for sure: this battle between blue states and federal power is heating up almost as fast as the climate itself.

Topics

DOJclimate lawsenergy securityNew YorkVermontHawaiiMichiganfossil fuel lawsuitsfederal lawsuitclimate policyPoliticsClimateUS NewsLawEnergy

Editor's Comments

I can’t help but wonder if the DOJ has a secret rivalry with state governments for who can flex their legal muscles harder. Maybe next, we’ll see a Supreme Court pay-per-view showdown: 'Federal vs. States—Climate Cage Match.'

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