HARRISBURG, Pa. (AP) In a bold move to invigorate energy production in the United States, President Donald Trump has signed a new executive order that empowers the Department of Justice to potentially challenge state laws aimed at combating climate change. This directive is part of a broader strategy by the Trump administration to bolster the countrys energy sector, particularly in light of increasing electricity demands associated with the rapid growth of artificial intelligence, cloud computing, and high-tech manufacturing.

The executive order, signed on Tuesday, aligns with Trump's declaration of a national energy emergency. The order specifically instructs the Attorney General to pursue actions against states that may be perceived as overstepping their constitutional or statutory authority concerning energy regulation. Trump emphasized in his order that American energy dominance is threatened when State and local governments seek to regulate energy beyond their constitutional or statutory authorities. This directive clearly indicates that liberal-leaning states, which have been proactive in implementing stringent climate change policies, are now in the sights of the federal government.

Michael Gerrard, director of Columbia Universitys Sabin Center for Climate Change Law, noted that this approach represents an extraordinarily bold move for the federal government. He suggested that a more straightforward path for the Department of Justice might involve joining ongoing lawsuits where courts are currently evaluating whether states or municipalities have the authority to impose regulations that require the fossil fuel industry to bear financial responsibility for the damages caused by climate change.

Democratic leaders across the states have vowed to continue their fight against climate change despite Trump's order. California Governor Gavin Newsom criticized the executive action, stating that Trump is turning back the clock on climate initiatives, and he assured that Californias commitment to reducing pollution would not be undermined by what he deemed a glorified press release. Additionally, New York Governor Kathy Hochul and New Mexico Governor Michelle Lujan Grisham, both co-chairs of the U.S. Climate Alliancewhich consists of 22 governorsexpressed their intent to persist in advancing solutions to the climate crisis, regardless of federal opposition.

Trumps criticisms also extended to the climate superfund laws being championed in states like Vermont and New York. These laws aim to compel significant fossil fuel companies to contribute to state-managed funds based on their historical greenhouse gas emissions, akin to the federal superfund law established 45 years ago, which taxed petroleum and chemical firms to facilitate the cleanup of hazardous waste sites. Trump derided these initiatives as extortion against energy companies, claiming they threaten the nations economic and national security.

The American Petroleum Institute (API), representing the interests of the oil and natural gas sectors, commended Trumps executive order, asserting that it would safeguard American energy from what they label as climate superfunds. They argued that directing the Department of Justice to address state overreach will help re-establish the rule of law and prevent activist-driven agendas from obstructing the nations access to reliable and affordable energy resources.

Legal challenges surrounding these issues are already underway. The API, along with the U.S. Chamber of Commerce, has filed a lawsuit against Vermont, and a separate lawsuit has been initiated by West Virginia in conjunction with various coal, gas, and oil interests targeting New York. This coalition consists of 21 other states, predominantly led by Republican governors, including Texas, Ohio, and Georgia. On the other side, a coalition known as Make Polluters Pay, comprising consumer and anti-fossil fuel organizations, has vowed to contest Trumps order, claiming it showcases the corporate capture of government. They further accused Trump of weaponizing the Justice Department against states that seek to hold polluters accountable for climate-related damages.

In addition to these ongoing legal battles, the Department of Justice may also decide to support fossil fuel companies facing lawsuits for damages linked to climate change. Some of these cases involve cities like Honolulu, Hawaii, and numerous other municipalities that are seeking significant financial compensation for issues such as wildfires, rising sea levels, and extreme weather events.

Recently, the U.S. Supreme Court has opted not to intervene in several climate-related lawsuits, including one from oil and gas companies seeking to block the lawsuit from Honolulu and another initiated by Alabama along with 18 other states aiming to obstruct legal actions against the oil and gas sector from predominantly Democratic states like California, Connecticut, Minnesota, New Jersey, and Rhode Island.

The ramifications of Trumps executive order have sparked discussions in state capitols across the nation, including Pennsylvania, where the governor is engaged in a legal battle over a regulation that would require the state to become the first major fossil fuel-producing area to mandate power plant owners to pay for their greenhouse gas emissions. John Quigley, a former Pennsylvania environmental protection secretary and current senior fellow at the University of Pennsylvanias Kleinman Center for Energy Policy, expressed concern about the potential for the Department of Justice to challenge various state air and water pollution laws, stating, This kind of order knows no bounds. He added, Its hard to say where this could end up.

In conclusion, President Trumps executive order signals a significant shift in the federal governments approach to energy production and climate change regulation, igniting a complex legal and political battle that could have far-reaching consequences for state and federal relations regarding environmental policy.