In more climate litigation news out of Michigan, a district court judge dismissed the administration’s lawsuit to block climate litigation. The admin’s lawsuit was filed preemptively, after learning that the Michigan AG was collecting information for the climate litigation discussed in today’s previous blog. The suit attempted to stop the AG from pursuing state law claims against the fossil fuel industry. The Michigan AG stated in a press release that:
“On Saturday, Judge Jane M. Beckering of the United States District Court for the Western District of Michigan dismissed a Trump Administration lawsuit (PDF) that sought to prohibit the State of Michigan from filing state-law claims against the fossil fuel industry related to climate impacts. Michigan Attorney General Dana Nessel filed a motion to dismiss the lawsuit last year. Judge Beckering agreed with the Attorney General and dismissed the case, finding that the Court lacked subject matter jurisdiction under the Constitution to hear the case because the dispute was not ripe for adjudication and because the United States did not establish that it had standing to bring the case.”
We’ll see if the federal government attempts to refile or appeal the suit now that the Michigan AG has filed its antitrust litigation, which may impact the administration’s standing. However, efforts to shut down state-related climate claims have thus far proven ineffective. The administration’s loss in the district court is in line with how federal courts have handled such attempts in the past.
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