Yesterday, the Trump administration sued Michigan and Hawaii in an attempt to preemptively block the two states from filing climate lawsuits against the American energy industry. The move is just the latest wrench thrown in the struggling litigation campaign.

The two complaints argue that by announcing their intention to sue, the leaders of Hawaii and Michigan are effectively standing in the way of the federal government’s prioritization of expanding access to energy resources and lowering household costs:

“At a time when States should be contributing to a national effort to secure reliable sources of domestic energy, [states are] choosing to stand in the way. This Nation’s Constitution and laws do not tolerate this interference.” (emphasis added)

The lawsuits further assert that by attempting to regulate interstate commerce via lawsuits that penalize legal activity beyond state borders, the states will disrupt energy markets across the country:

“Michigan’s anticipated lawsuit would also impose substantial burdens on interstate commerce. By targeting fossil fuel businesses for extraction and refining activities and greenhouse gas emissions occurring primarily in other States and foreign countries, Michigan would disrupt the national market for fossil fuels.” (emphasis added)

Yesterday’s lawsuits follow an Executive Order signed April 8 that pledged to remove “all illegitimate impediments” to the development of American energy. The Department of Justice looks committed to finally put an end to climate lawfare, nearly ten years after activists launched the “#ExxonKnew” campaign in 2015.

Tellingly, the Governor of Michigan Gretchen Whitmer had no response and simply deferred to AG Dana Nessel, staying far, far away from the lawsuit. It took paid activist academics Ann Carlson and Michael Gerrard – who have long supported the lawsuits – to come to the defense of the Democratic Attorneys General. No real surprise there, given the years long effort to get these AGs to file.

Here’s How We Got Here

In Michigan, the AG began exploring a lawsuit all the way back in 2019 but only announced plans to sue a year ago.

• The move sparked immediate push back from legal experts, business leaders, and politicians in the state, noting that it will cost the state jobs, revenue, and security.
• By September 2024, the AG’s office entered into a contingency fee agreement with Sher Edling – currently under congressional investigation and the firm behind the majority of climate lawsuits – DiCello Levitt, and Hausfeld LLP to engage in climate litigation against fossil fuel companies.
• Shortly thereafter, the Michigan Capitol Confidential reported that the MI AG had likely hired at least one Bloomberg-funded Special Assistant Attorney General (SAAG) to assist with environmental litigation efforts, potentially as early as 2019.

In Hawaii, Gov. Josh Green announced his forthcoming lawsuit on Tuesday with the offhand comment, “it would be nice to have a couple billion extra dollars from the fossil fuel companies.” Honolulu and Maui have already filed climate lawsuits, and Hawaii legislators are looking to create even more openings to extract funds from oil and natural gas companies through legislative means.

• Rockefeller-backed groups, including the Center for Climate Integrity (CCI) and the Union of Concerned Scientists, have been pushing for a state-wide climate lawsuit for years. In 2022, the Mayor of Honolulu Kirk Caldwell even stated that he hoped that CCI’s General Counsel Alyssa Johl would “come back” and have “another crack at it when there’s a new governor.” Turns out a new Governor wasn’t even necessary to achieve the billionaire-backed group’s wishes.
• Hawaii’s lawsuit is particularly hypocritical because just months before announcing that the state intended to file a lawsuit, Gov. Green published a report highlighting the need for more Liquified Natural Gas (LNG) to be shipped to the state in order to lower both energy costs and greenhouse gas emissions.

Bottom line: The administration’s lawsuits come on the heels of its Executive Order that directed the Attorney General of the United States to identify state-level “causes of action, policies, and practices” that burden domestic energy production. Considering these lawsuits have raised prices, hindered energy security, and threatened reliability, targeting the Rockefeller’s frivolous climate litigation campaign is a good place to start.