The United States government filed a lawsuit Wednesday against the state of Michigan, Governor Gretchen Whitmer, and Attorney General Dana Nessel, seeking to block the state from pursuing its own climate change-related lawsuit against fossil fuel companies.
The lawsuit, filed in the Western District of Michigan, argues that Michigan’s planned legal action would overstep state authority, interfere with federal law, and harm national energy policy.
The U.S. government’s complaint asserts that the nation is facing an energy crisis due to “overly restrictive policies and regulation” that have hindered the development of domestic energy resources. It states that President Trump declared an energy emergency in January 2025, citing “insufficient energy production, transportation, refining, and generation” as a threat to national security and the economy.
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The lawsuit argues that the Clean Air Act gives the federal government the authority to regulate air pollution, including greenhouse gas emissions, and that Michigan’s lawsuit would be preempted by this federal authority.
The government contends that the Clean Air Act establishes a “comprehensive program” for regulating air pollution, thus preventing states from imposing their own regulations on out-of-state emissions.
The federal government further argues that Michigan’s lawsuit would violate the Interstate Commerce Clause by discriminating against energy production activities in other states. It also claims that the lawsuit would interfere with the federal government’s authority to conduct foreign policy, particularly in relation to international agreements on climate change.
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The United States is seeking a court declaration that Michigan’s state law claims are unconstitutional, and a permanent injunction to prevent the state from pursuing its lawsuit against fossil fuel companies.
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