DETROIT (AP) 鈥� The U.S. Justice Department filed lawsuits against four states this week, claiming their climate actions conflict with federal authority and President .
The DOJ on Wednesday filed lawsuits against and over their plans for legal action against fossil fuel companies for harms caused by climate change. On Thursday, the DOJ sued and , challenging their that would to pay into state-based funds based on previous greenhouse gas emissions.
鈥淭hese burdensome and ideologically motivated laws and lawsuits threaten American energy independence and our country鈥檚 economic and national security,鈥� Attorney General Pamela Bondi said in a statement, noting the office hopes to stop "these illegitimate impediments to the production of affordable, reliable energy that Americans deserve.鈥�
The DOJ lawsuits, which legal experts called unprecedented, mark the latest of the Trump administration's attacks on environmental work and raises concern over states' abilities to retain the power to take climate action without federal opposition.
The DOJ鈥檚 four filings said the state efforts undermine the federal government while "increasing energy costs and disrupting the national energy market.鈥� It said the states鈥� plans and policies are unconstitutional, violate the federal foreign affairs power and are preempted by the Clean Air Act 鈥� a federal law authorizing the Environmental Protection Agency to regulate air emissions.
The DOJ argued the act 鈥渃reates a program for regulating air pollution in the United States and 鈥榙isplaces鈥� the ability of States to regulate greenhouse gas emissions beyond their borders.鈥�
It said Wednesday that Hawaii and Michigan battling oil and gas companies for alleged climate damage conflicts with EPA authority and obstructs the agency's discretion to regulate greenhouse gases.
When burned, fossil fuels release emissions such as carbon dioxide that warm the planet.
Spokespeople for Democratic Hawaii Gov. Josh Green and Hawaii Attorney General Anne Lopez confirmed the state filed its lawsuit against seven groups of affiliated fossil fuel companies and the oil and gas trade association, the American Petroleum Institute, Thursday, alleging harm to public trust resources, negligence and more.
Green said he is targeting fossil fuel companies that should take responsibility for their role in the state鈥檚 climate impacts, including 2023鈥檚 .
鈥淭his lawsuit is about holding those parties accountable, shifting the costs of surviving the climate crisis back where they belong, and protecting Hawaii citizens into the future,鈥� he said in a statement.
Meanwhile, Democratic Michigan Attorney General Dana Nessel last year to go after the fossil fuel industry for negatively affecting the state鈥檚 climate and environment.
鈥淭his lawsuit is at best frivolous and arguably sanctionable," Nessel said in a statement Thursday. Nessel noted that Michigan hasn鈥檛 yet filed its lawsuit, but confirmed her intent to, and said the White House and the oil industry "will not succeed in any attempt to preemptively bar our access to make our claims in the courts.鈥� A spokesperson for Democratic Michigan Gov. office deferred to Nessel when asked for comment.
Thursday's filings called the states' Superfund Acts 鈥� modeled after the 45-year-old federal superfund law enacted to address the harm associated with hazardous waste sites 鈥� 鈥渁 transparent monetary-extraction scheme.鈥� Trump has said the superfund laws 鈥渆xtort鈥� money from energy entities.
New York is looking for $75 billion and has been previously ; Vermont hasn't specified its target amount. Both
The DOJ argued the states' acts are also looking to regulate greenhouse gas emissions 鈥� nationwide and globally 鈥� violating federal government authority, along with discouraging 鈥渋nvestment and innovation in the fossil fuel industry, further burdening interstate commerce.鈥�
A spokesperson for New York Gov. Kathy Hochul, a Democrat, said the governor "believes corporate polluters should pay for the damage done to our environment 鈥� not everyday New Yorkers. We will not back down, not from Big Oil, and not from federal overreach.鈥�
New York Attorney General Letitia James said the state's climate superfund law 鈥渆nsures that those who contributed to the climate crisis help pay for the damage they caused."
Vermont Attorney General Charity Clark said she looked forward to representing Vermont in this case. Vermont Gov. Phil Scott's office did not immediately respond to request for comment.
In its filings, the DOJ repeated the Republican president鈥檚 claims of America鈥檚 energy emergency and crisis.
鈥淎t a time when States should be contributing to a national effort to secure reliable sources of domestic energy,鈥� all four states are choosing "to stand in the way,鈥� the filings said.
Legal experts raised concern over the government's arguments.
Michael Gerrard, founder and faculty director of the Columbia University Sabin Center for Climate Change Law, said it's typically the case that the DOJ asks a court to intervene in pending environmental litigation 鈥� as is the case in some instances across the country.
While this week's suits are consistent with Trump鈥檚 plans to oppose state actions that interfere with energy dominance, 鈥渋t鈥檚 highly unusual,鈥� Gerrard told The Associated Press of the cases of Hawaii and Michigan. 鈥淲hat we expected is they would intervene in the pending lawsuits, not to try to preempt or prevent a lawsuit from being filed. It鈥檚 an aggressive move in support of the fossil fuel industry."
Ann Carlson, an environmental law professor at the University of California, Los Angeles, who has previously consulted on climate litigation, noted that EPA Administrator Lee Zeldin said his agency is seeking to overturn a finding under the Clean Air Act that greenhouse gases endanger public health and welfare.
鈥淥n the one hand the U.S. is saying Michigan, and other states, can鈥檛 regulate greenhouse gases because the Clean Air Act does so and therefore preempts states from regulating,鈥� Carlson said. 鈥淥n the other hand the U.S. is trying to say that the Clean Air Act should not be used to regulate.鈥�
Trump's administration has in the . Federal agencies have announced plans to , roll back , block and double down on .
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Read more of AP鈥檚 climate coverage at .
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Associated Press writers Isabella Volmert in Lansing, Mich. and Anthony Izaguirre in Albany, N.Y., contributed to this report.
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Alexa St. John is an Associated Press climate reporter. Follow her on X: . Reach her at [email protected].
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The Associated Press鈥� climate and environmental coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP鈥檚 for working with philanthropies, a list of supporters and funded coverage areas at .
Alexa St. John, The Associated Press
