Bloomberg Law DOJ Sues Blue States Over Suits Against Big Oil
May 6, 2025
Pat Parenteau, an environmental law professor at Vermont Law and Graduate School, discusses the Trump administration's lawsuit against four blue states for their climate-related legal actions. He highlights the constitutional battle over state rights versus federal intervention in climate accountability. Carl Tobias, a legal expert from the University of Richmond Law School, shares insights on Trump's judicial appointments, including potential impacts on the judiciary's ability to address significant legal and environmental challenges. The conversation emphasizes the complexities at the intersection of law and climate policy.
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Unprecedented Federal Lawsuit Against States
- The Justice Department's lawsuits against states suing oil companies are unprecedented and likely to be dismissed.
- States suffer real climate damages and seek to hold companies accountable under long-established legal principles.
Misuse of National Security Claim
- States suing fossil fuel companies face baseless claims about threatening national security.
- Climate change itself is recognized by the Defense Department as a major security threat, not these state lawsuits.
Limits of Federal Overreach on States
- States' rights to sue are constitutionally protected but limited by interstate commerce laws.
- The federal government can't preemptively stop state lawsuits without court proceedings.