The US Department of Justice (DOJ) announced filing of suits to prevent Hawaii, Michigan, New York, and Vermont from seeking money from fossil fuel companies. The Complaints against New York and Vermont seek to declare unconstitutional their “climate superfund” laws. The Complaints against Hawaii and Michigan seek to prevent those states from using state courts to seek damages from fossil fuel companies due to climate change.

DOJ’s press release said it filed the suits “to stop enforcement of state laws that unreasonably burden domestic energy development so that energy will once again be reliable and affordable for all Americans.”

Climate Superfund Laws
DOJ’s Complaints seek to have New York’s Climate Change Superfund Act and Vermont’s Climate Superfund Act declared unconstitutional. DOJ claims these statutes are preempted by the Federal Clean Air Act, are unconstitutional extraterritorial regulation, violate the interstate commerce clause, violate the foreign commerce clause, and are preempted by the foreign affairs doctrine.

State Threats to Sue Fossil Fuel Companies
According to DOJ’s press release, Hawaii and Michigan “intend to sue fossil fuel companies…” These anticipated suits “are preempted by the Clean Air Act and violate the Constitution. Such lawsuits burden energy production, force the American people to pay more for energy, and make the United States less able to defend itself from hostile foreign actors.”

To see the press release, which has links to the four Complaints https://www.justice.gov/opa/pr/justice-department-files-complaints-against-hawaii-michigan-new-york-and-vermont-over