In each case, the federal government seeks declaratory judgments that the state laws or enforcement actions are unconstitutional, along with injunctive relief barring their implementation or prosecution.
The U.S. Department of Justice (DOJ) has filed a series of federal lawsuits against four states—New York, Vermont, Michigan and Hawaii—alleging that recent legislative and enforcement efforts to hold fossil fuel companies financially responsible for climate change unlawfully interfere with federal authority. The lawsuits, filed on April 30 and May 1, challenge two distinct forms of state-led climate action: (1) enacted climate superfund statutes in New York and Vermont, and (2) announced plans by Michigan and Hawaii to bring climate change litigation against fossil fuel companies under state tort law.
The DOJ’s theory across all four cases is consistent: that state efforts to assign liability for global greenhouse gas (GHG) emissions violate the Constitution, are preempted by the Clean Air Act (CAA), and interfere with the federal government’s exclusive authority over interstate commerce and foreign relations. In each case, the federal government seeks declaratory judgments that the state laws or enforcement actions are unconstitutional, along with injunctive relief barring their implementation or prosecution.
Reprinted courtesy of Amanda G. Halter, Pillsbury, Ashleigh Myers, Pillsbury and Jillian Marullo, Pillsbury
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com