Years of federal inaction on climate change pushed states to take the lead in climate legislation and litigation. With new climate “superfund” laws in New York and Vermont, and a number of states like Hawaii taking carbon majors to court to recover climate change-related damages. Up to this point, the federal government has sat these climate fights out, but the current administration is putting a thumb on the scales and suing New York, Vermont, Hawaii, and Michigan to stop climate action. The Hill reports:
“The Trump administration has sued four Democratic-led states to try to block their climate-related lawsuits or laws. On Wednesday, the administration sued Michigan and Hawaii in an attempt to block them from suing fossil fuel companies over climate change. On Thursday, it sued New York and Vermont over their ‘climate Superfund’ laws — which require fossil fuel companies to pay for emissions stemming from their products. In lawsuits filed Wednesday, the Justice Department asked federal courts to permanently prevent Michigan and Hawaii from pursuing claims against fossil fuel companies.”
The administration’s lawsuits argue that climate policy is strictly within the jurisdiction of the federal government and that state actions are preempted by federal policy. However, the Supreme Court recently declined to hear a similar challenge brought by republican Attorneys General, in addition to declining a standing challenge from carbon major defendants. It’s unclear how the federal government’s arguments will substantially differ from those already brought, and if the Supreme Court will entertain the challenges.
Our members can learn more about climate litigation here.
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