Trump DOJ tries to preemptively block climate liability lawsuits

By Niina H. Farah | 05/02/2025 06:14 AM EDT

The Department of Justice sued Michigan and Hawaii to protect fossil fuel companies before the states filed their lawsuits.

Michigan Attorney General Dana Nessel pauses during an interview with The Associated Press, Thursday, Nov. 21, 2024, in Philadelphia.

Michigan Attorney General Dana Nessel (D) called the Trump administration's new lawsuit "perhaps the most surprising debasement of both the White House and DOJ yet." Matt Slocum/AP

President Donald Trump is taking Michigan and Hawaii to court in an effort to block their plans to hold oil and gas companies liable for climate-related damages.

In a pair of lawsuits filed Wednesday, the Justice Department claimed the Democratic state officials’ plans to sue fossil fuel companies would violate constitutional protections for interstate and foreign commerce and would interfere with the federal government’s role in regulating greenhouse gases and setting national energy policy.

The legal challenges come as the Supreme Court has declined to block earlier climate liability suits and the administration has sought to unwind climate action across the federal government.

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“At a time when States should be contributing to a national effort to secure reliable sources of domestic energy, Michigan is choosing to stand in the way,” Justice Department attorneys told the U.S. District Court for the Western District of Michigan in a complaint filed late Wednesday.

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