The DOJ filed complaints Tuesday against New York and Vermont over newly passed “climate superfund” laws, which would impose strict liability on fossil fuel companies for alleged contributions to climate change.
New York’s law alone seeks $75 billion in damages from energy firms. According to the DOJ, these laws are preempted by the federal Clean Air Act, violate the Constitution, and infringe on federal foreign affairs powers.
“These state laws assess penalties on businesses for global activities that Congress has not authorized states to regulate,” the DOJ argued in its filings.
REPUBLICAN LAWMAKERS SEEK TO STRIP DISTRICT OF COLUMBIA OF ITS SANCTUARY CITY POLICIES
Separate lawsuits were filed Monday against Hawaii and Michigan to block those states from suing fossil fuel companies in state court over past climate harms. The DOJ argues that those states’ litigation would place unconstitutional burdens on energy producers.
“When states seek to regulate energy beyond their constitutional or statutory authority, they harm the country’s ability to produce energy and they aid our adversaries,” said Acting Assistant Attorney General Adam Gustafson.
“The Department’s filings seek to protect Americans from unlawful state overreach that would threaten energy independence critical to the wellbeing and security of all Americans.”
The Justice Department is asking federal courts to declare the four states’ laws unconstitutional and prevent their enforcement.
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The DOJ did not immediately respond to Fox News Digital’s request for comment.
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