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Justice Department calls Michigan's planned lawsuit
overreach
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Michigan preparing litigation against fossil fuel industry
By Nate Raymond
May 1 (Reuters) - The Trump administration has sued the
state of Michigan, seeking to prevent it from suing major oil
companies over the role they have played in causing climate
change, saying the Democratic-led state was standing in the way
of domestic energy production.
The U.S. Department of Justice in a lawsuit filed late
Wednesday in Michigan said the state's intended lawsuit
constitutes an "extraordinary extraterritorial reach" that will
undermine federal regulation of greenhouse gas emissions and the
administration's foreign policy objectives.
The state has not filed the lawsuit yet. But Michigan
Attorney General Dana Nessel, a Democrat, in October said the
state was seeking proposals from law firms to represent it in
climate change-related litigation.
Numerous Democratic-led states have in recent years filed
similar lawsuits against companies including Exxon Mobil ( XOM )
, Chevron ( CVX ), ConocoPhillips ( COP ), Shell
and BP accusing them of deceiving the public about the
role fossil fuels have played in causing climate change.
The unusual preemptive lawsuit follows a pledge by
Republican President Donald Trump's campaign during the 2024
election to "stop the wave of frivolous litigation from
environmental extremists."
The Justice Department in the lawsuit cites an executive
order Trump signed on his first day back in office on Jan. 20
declaring a national energy emergency to speed permitting of
energy projects, rolling back environmental protections, and
withdrawing the U.S. from an international pact to fight climate
change.
"As a result of state restrictions and burdens on energy
production, the American people are paying more for energy, and
the United States is less able to defend itself from hostile
foreign actors," the Justice Department said.
It said Michigan was standing in the way of the
administration's efforts to boost the domestic energy supply
with its announcement in October that it was planning to pursue
litigation against the fossil fuel industry.
"This Nation's Constitution and laws do not tolerate this
interference," the lawsuit said.
Nessel's office did not immediately respond to a request for
comment.
Similar lawsuits by state and local governments have accused
energy companies of creating a public nuisance or violating
state laws by concealing from the public for decades the fact
that burning fossil fuels would lead to climate change. The
companies deny wrongdoing.
Many of the cases remain in their early stages after years
of litigation by oil companies over whether the states could sue
in state 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.