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AG Nessel Files Lawsuit to Block President Trump’s Unlawful Energy Emergency Executive Order

LANSING — Michigan Attorney General Dana Nessel filed a lawsuit today (PDF) alongside 14 other attorneys general to challenge the Trump Administration’s unlawful declaration of an “energy emergency.” The lawsuit, filed in U.S. District Court for the Western District of Washington, seeks to block the implementation of an executive order that falsely declares a national emergency to fast-track fossil fuel projects and roll back critical environmental protections.

On January 20, 2025, President Trump issued the Energy Emergency Executive Order, which directs federal agencies to expedite permits for energy projects by circumventing long-standing environmental review processes under important laws such as the Clean Water Act, the Endangered Species Act, and the Historic National Preservation Act. Section 401 of the Clean Water Act allows states to evaluate federal permit applications for compliance with applicable state water quality standards. This process is vital to protecting Michigan’s Great Lakes, the environment, and public health.

The multistate coalition argues the Trump Administration is illegally using emergency authorities for non-emergency projects to keep the nation reliant on energy sources like coal, oil, and gas, as energy production remains at an all-time high and major energy companies have stated they do not plan to increase output as a result of the order. The order also excludes wind, solar, and batteries — among the cheapest and cleanest modern energy sources that exist today – likely because the Administration is simultaneously seeking to increase exports of fossil fuels, a strategy which, according to the U.S. Department of Energy, will increase prices for American consumers.

“True emergencies are disasters that directly impact residents, not fake crises to pad Big Oil’s profits,” Nessel said. “This is just the latest in a long line of examples of President Trump illegally using his executive orders and administration to cater to his Big Oil campaign donors at the expense of our Great Lakes, our environment, and the people of Michigan.”

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.  

Joining Attorney General Nessel in filing this lawsuit are the attorneys general of Arizona, California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

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