Press Release  AG Campbell Sues Trump Administration Over Unwarranted "Energy Emergency"

BOSTON — Massachusetts Attorney General Andrea Joy Campbell today joined 14 other attorneys general in filing a lawsuit in the U.S. District Court for the Western District of Washington to challenge the Trump Administration’s unwarranted “energy emergency,” in which he orders federal agencies to prioritize and expedite polluting energy generation at the expense of our communities and the environment.  

“Science has shown us that the biggest threat to our energy system is not underproduction of fossil fuels, but extreme weather heightened by the very industries the President is attempting to prop up with his alleged energy emergency,” said AG Campbell. “President Trump’s directive undermines our efforts to build a resilient and clean energy system, and I proud to once again stand with my democratic AGs to challenge his unlawful actions that harm our residents, environment and economy.” 

On January 20, President Trump signed Executive Order 14156 declaring a “national energy emergency” under the National Emergencies Act. At the direction of the President and pursuant to his Executive Order, federal agencies are bypassing or shortening critical reviews under the Clean Water Act, Endangered Species Act, and the National Historic Preservation Act for energy projects. These laws play a vital role in protecting the environment and human health, as well as safeguarding sacred tribal lands. 

According to the attorneys general, the President is illegally invoking emergency authorities to keep the nation reliant on polluting energy sources like coal, oil, and gas. Notably, the President’s Order does not attempt to support wind, solar, and batteries, despite the fact that these energy sources are among the cheapest and cleanest modern energy sources that exist today. 

In their complaint, the attorneys general argue that contrary to the President’s broad “energy emergency,” American energy production is at an all-time high. The country is producing so much oil and natural gas that energy companies do not plan to increase output in response to the President’s Order. In fact, according to the U.S. Department of Energy, the President is simultaneously seeking to increase natural gas exports. 

Additionally, the attorney generals contend that Congress passed the National Emergencies Act to prevent presidents from declaring national emergencies for frivolous or partisan matters — exactly what the President has done here. Until now, federal agencies have only used emergency procedures during actual emergencies, such as hurricanes and catastrophic oil spills like the Deepwater Horizon disaster in the Gulf of Mexico. 

The attorneys general ask the court to declare the President’s directive, and the agencies’ implementation of it, illegal and stop them from issuing emergency permits under the Executive Order.    

Earlier this week, AG Campbell joined another group of attorneys general in filing a lawsuit challenging the President’s effort to halt wind-energy development, a homegrown source of reliable, affordable energy. In that case, the attorneys general emphasized that the President’s efforts to derail wind-energy development are at odds with the alleged national energy emergency challenged here. 

Joining AG Campbell in filing today’s lawsuit, are the attorneys general of Arizona, California, Connecticut, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington and Wisconsin.  

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