On April 30, 2025, the Trump administration filed suit against the state of Michigan following the state’s announcement that it would sue fossil fuel companies for alleged climate change harms. The state’s lawsuit had not yet been filed, but the Trump administration, under President Trump’s January 20, 2025, “Energy Emergency” declaration, argued that the lawsuit would hamper and harm American energy production and so must be stopped. The administration’s lawsuit argues that all environmental regulations are preempted to the federal government by the Clean Air Act and “foreign policy concerns” because “greenhouse gases present a uniquely international problem of national concern.” The administration alleges that Michigan is encroaching on federal authority to regulate out-of-state emissions and thus violates the Supremacy Clause of the U.S. constitution. The administration also alleges that Michigan’s climate lawsuit would negatively impact the energy market, restrict energy production, and harm “economic prosperity,” though they cite no evidence for these claims.

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. If the White House or Big Oil wish to challenge our claims, they can do so when our lawsuit is filed; they will not succeed in any attempt to preemptively bar our access to make our claims in the courts. Attorney General Dana Nessel