Michigan’s Climate Plans Face Federal Hurdle
The U.S. Justice Department has proactively opposed Michigan’s anticipated legal actions against oil and gas companies, citing potential conflicts with federal law. The state aims to hold these companies accountable for their role in climate change.
According to the federal lawsuit, Michigan’s potential lawsuits would infringe upon the Supremacy Clause of the U.S. Constitution and the Clean Air Act, both of which grant the federal government control over emissions regulation.
“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. This Nation’s Constitution and laws do not tolerate this interference,” the complaint states, arguing that Michigan’s climate initiatives disrupt the federal government’s jurisdiction over interstate commerce, greenhouse gas regulation, and energy policy.
Michigan has committed to achieving net-zero emissions by 2040, a plan endorsed by Governor Gretchen Whitmer. Attorney General Dana Nessel has engaged private law firms to initiate lawsuits seeking damages from the fossil fuel industry.
Nessel responded to the Justice Department’s action, stating, “As my office’s anticipated lawsuit in this arena is not yet filed and our claims unknown to the administration—as conceded directly in their complaint—this lawsuit is at best frivolous and arguably sanctionable.” She further asserted that any challenges to Michigan’s claims should occur once their lawsuit is official.
This preemptive legal strategy by the Justice Department is not unprecedented, as similar actions have been taken against Hawaii and other states like New York and Vermont with clean energy policies.
David Doniger from the Natural Resources Defense Council anticipates further moves of this kind, noting, “There are many states and local governments who have brought lawsuits to try to get compensation, get damages from the oil companies and from some others.” He finds it peculiar that Michigan and Hawaii’s cases have yet to be filed.
Scott McClallen of the Mackinac Center, which supports free-market policies, concurs with the Justice Department’s viewpoint, asserting that Michigan’s climate goals could lead to increased energy costs. “The anti-energy and net-zero policies pushed by the state of Michigan, Attorney General Dana Nessel, Governor Gretchen Whitmer, restrict access to reliable energy and drive up costs for all Michigan residents,” McClallen commented.
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