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Justice Department calls planned laws, lawsuits an
overreach
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Lawsuits challenge New York and Vermont climate
"superfund" laws
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Hawaii sued fossil fuel industry after Justice Department
case
(Adds details on new lawsuit by Hawaii, comment from New York
attorney general in paragraphs 5-9, 15, 17)
By Nate Raymond
May 1 (Reuters) - President Donald Trump's
administration said on Thursday it is suing four Democratic-led
states to prevent them from enforcing "burdensome and
ideologically motivated" laws and pursuing lawsuits against the
fossil fuel industry over the harms caused by climate change.
The U.S. Department of Justice in a pair of lawsuits argued
that recent laws New York and Vermont adopted requiring oil
companies to contribute billions of dollars into funds to pay
for damage caused by climate change were unconstitutional.
New York alone hopes to raise $75 billion through its
"superfund" law, which the Justice Department called a
"transparent monetary-extraction scheme" designed to fund the
state's infrastructure projects with money from out-of-state
businesses.
The Justice Department filed those cases on Thursday, a day
after it launched two preemptive cases seeking to stop Hawaii
and Michigan from filing planned lawsuits against major oil
companies over climate change, cases the administration said
would imperil domestic energy production.
The Justice Department in its lawsuits against Hawaii and
Michigan said such lawsuits constitute an "extraordinary
extraterritorial reach" that unlawfully undermine federal
regulation of greenhouse gas emissions and the administration's
foreign policy objectives.
Despite the Justice Department's announcement, Hawaii plowed
ahead with filing a lawsuit on Thursday in state court against
companies including BP, Chevron ( CVX ), Exxon Mobil ( XOM )
and Shell, accusing them of failing to warn
about their fossil fuel products' climate change danger.
Numerous other Democratic-led states have in recent
years filed similar lawsuits accusing the companies of deceiving
the public about the role fossil fuels have played in causing
climate change. The companies have denied wrongdoing.
Michigan has not filed a lawsuit to date, but Michigan
Attorney General Dana Nessel last year retained law firms to
represent it in climate change-related litigation. In a
statement, she called the Trump administration's preemptive
lawsuit "at best frivolous and arguably sanctionable."
"I remain undeterred in my intention to file this
lawsuit the President and his Big Oil donors so fear," Nessel, a
Democrat, said.
The Justice Department's four lawsuits follow a pledge by
Trump's campaign during the 2024 election to "stop the wave of
frivolous litigation from environmental extremists."
The Justice Department in the lawsuits cited an executive
order that the Republican president signed on his first day back
in office on January 20, declaring a national energy emergency
to speed permitting of energy projects, rolling back
environmental protections and withdrawing the United States from
an international pact to fight climate change.
"These burdensome and ideologically motivated laws and
lawsuits threaten American energy independence and our country's
economic and national security," Attorney General Pamela Bondi
said in a statement.
The Justice Department's lawsuits said all four states are
standing in the way of the administration's efforts to boost
domestic energy supply.
"This nation's Constitution and laws do not tolerate this
interference," the lawsuits said.
New York Attorney General Letitia James, a Democrat, in a
statement defended the state's superfund law, saying it "ensures
that those who contributed to the climate crisis help pay for
the damage they caused."
The laws New York and Vermont adopted to create an
industry-financed "superfunds" are already the subject of
ongoing legal challenges by Republican-led states and the U.S.
Chamber of Commerce, which have sued to block the novel laws.
The climate-related litigation against oil companies by
states remains in its early stages after years of litigation by
oil companies over whether the states could sue in state courts
rather than federal court.
The U.S. Supreme Court in March rejected a bid by 19
Republican-led states, led by Alabama, to block five
Democratic-led states from pursuing such lawsuits. The
Republican-led states raised similar claims as the Justice
Department's case.