Minnesota Attorney General Keith Ellison, along with 14 other state attorneys general, filed a lawsuit on Friday challenging an executive order issued by President Donald Trump on his first day in office declaring a “national energy emergency” under the National Emergencies Act.
The attorneys general argue that the declaration is an improper and “fabricated” use of the National Emergencies Act, intended to bypass legally required environmental review and permitting processes for energy projects and avoid consultations with state and local governments.
According to the lawsuit, filed in U.S. District Court for the Western District of Washington, federal agencies are improperly shortening or sidestepping critical reviews mandated by laws such as the Clean Water Act, the Endangered Species Act, and the Historic National Preservation Act. These laws are described as crucial for protecting the environment, human health, and areas sacred to tribal communities.
The attorneys general contend that the National Emergencies Act is designed for genuine crises like hurricanes, tornadoes, or catastrophic events such as the Deepwater Horizon oil spill, where lives are at risk. They argue the act was also intended to prevent presidents from declaring emergencies for “frivolous or partisan matters,” which they claim is the case here.
Until now, the lawsuit states, agencies have only used emergency procedures during actual emergencies, acting under the president’s order now constitutes an improper application.
Furthermore, the attorneys general assert that the declaration is unfounded, pointing out that U.S. energy production is currently at an all-time high. They allege the “only ’emergency'” is President Trump’s disagreement with climate change policies in states like Minnesota and elsewhere.
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The lawsuit claims the president is illegally using emergency authorities to favor energy sources like coal, oil, and gas, while explicitly excluding renewable sources such as wind, solar, and batteries, which are noted as among the cheapest and cleanest modern energy sources. The AGs state the clear end goal is to “eliminate the competition for climate-harming greenhouse gas emitters.”
“Once again, President Trump has unlawfully exceeded his authority, this time by fabricating a national emergency to bypass laws he disagrees with,” said Attorney General Keith Ellison. “The National Emergencies Act is an important piece of legislation that allows the federal government to more quickly respond to true emergencies like floods, tornados, and wildfires. I will not allow Donald Trump to use National Emergencies Act as a pretext to ignore environmental protections enacted by Congress.”
The lawsuit names President Donald Trump as a defendant, along with the head of the U.S. Army Corps of Engineers and the Advisory Council on Historic Preservation. The attorneys general allege these agencies have taken illegal actions to implement the president’s directive.
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The plaintiff states are asking the court to declare the president’s directive and the agencies’ implementation of it illegal. They also seek an order stopping the defendants from issuing emergency permits under the executive order.
Joining Attorney General Ellison in the lawsuit, which was led by Washington Attorney General Nick Brown and California Attorney General Rob Bonta, are the attorneys general of Arizona, Connecticut, Illinois, Massachusetts, Maine, Maryland, Michigan, New Jersey, Oregon, Rhode Island, Vermont, and Wisconsin.
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