News & Analysis as of

Energy Sector State and Local Government Constitutional Challenges

Pillsbury - Gravel2Gavel Construction & Real...

States and Municipalities Advance Climate Change Lawsuits as Trump Administration Seeks to Block Them

Even as the Trump administration moves to block state and local climate liability efforts, states and municipalities continue to advance lawsuits seeking to hold fossil fuel companies liable for harms associated with climate...more

Mintz

Colorado Supreme Court Allows Climate Tort Litigation to Proceed

Mintz on

On May 12, 2025, in a 5-2 decision, the Colorado Supreme Court held that the tort claims brought by local governments in Colorado against major fossil fuel companies concerning damages stemming from climate change could...more

Foley Hoag LLP - Energy & Climate Counsel

Trump Administration Sues Four States to Block Climate Superfund Legislation and Climate Deception Litigation

As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change. Legislative efforts include New York...more

Cozen O'Connor

Vermont’s Climate Superfund Law Draws Heated Challenge from GOP AGs

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A group of 24 Republican AGs, along with several trade associations, sued Vermont over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in fines on fossil fuel companies for alleged...more

Mintz

Trump Administration Files Preemptive Lawsuits Against Hawaii and Michigan to Block Climate Change Litigation

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Recently, both the State of Hawaii and the State of Michigan had announced that they would be pursuing litigation against fossil fuel companies concerning alleged damages stemming from the companies' contribution to climate...more

Mintz

Trump Issues Executive Order Targeting State Action on Climate Change

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Earlier this month, President Trump issued an executive order that sought to target actions undertaken by individual U.S. states to combat climate change, for the stated purpose of ensuring “American energy dominance.”...more

Pillsbury Winthrop Shaw Pittman LLP

State Climate Laws and Litigation Face Federal Pushback Under New Executive Order

On April 8, 2025, President Trump issued Executive Order 14260, Protecting American Energy From State Overreach​. Framed as part of the Administration’s broader strategy of unleashing American energy, the Order directs...more

Foley Hoag LLP - Environmental Law

Trump Executive Order Targets State Climate Laws—and RGGI?

On April 8, the White House issued an Executive Order aimed at “Protecting American Energy from State Overreach.” While the direct effects from this Executive Order are hard to assess, the Trump Administration clearly intends...more

Morgan Lewis

Executive Order Seeks to Limit State Role in Energy Regulation

Morgan Lewis on

The US administration issued the executive order “Protecting American Energy from State Overreach” on April 8, 2025, directing the US Attorney General to identify and challenge state- and local-level energy and climate...more

Cadwalader, Wickersham & Taft LLP

President Trump’s Executive Order on State Climate Change Policies

On April 8, 2025, President Trump issued an executive order (the “Order”) to protect “American Energy from State Overreach.”...more

Vinson & Elkins LLP

Unleashing American Energy: Energy-Focused Executive Orders

Vinson & Elkins LLP on

On April 8 and 9, 2025, President Donald Trump issued five Presidential Actions (four Executive Orders and one Proclamation, collectively “Presidential Actions”) for the purposes of ensuring adequate and reliable energy...more

Jones Day

Trump Issues Orders to Block State Climate Laws

Jones Day on

On April 8, 2025, President Trump issued a series of executive orders directing the federal government to analyze state-level climate policies targeting fossil fuel consumption and environmental regulations. This action...more

Perkins Coie

Trump Signs Executive Order Purporting to Protect Domestic Energy Resources from State Overreach

Perkins Coie on

On Tuesday, April 8, 2025, President Trump signed an executive order entitled Protecting American Energy from State Overreach. The order directs Attorney General Pam Bondi to identify state laws and policies that burden...more

Vinson & Elkins LLP

Unleashing American Energy Signing Event: Executive Orders

Vinson & Elkins LLP on

The below article is a summary of the Energy-related Executive Orders that have been issued this week by the Administration. Vinson & Elkins will provide a detailed substantive analysis of the Orders for clients in the coming...more

Fenwick & West LLP

Trump Takes Aim At State Climate Change Laws

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On April 8, 2025, President Donald Trump issued an executive order “aimed at securing America’s energy dominance by removing unlawful and burdensome state-level impediments to domestic energy production.”...more

Pillsbury Winthrop Shaw Pittman LLP

The Battle Over Climate Superfund Laws: Legal Challenges in Vermont and New York

States are increasingly turning to “Climate Superfund” laws as a potential mechanism to offset the growing costs of climate-related disaster recovery and the construction of more climate change-resilient infrastructure. These...more

Blank Rome LLP

City’s Electric Slide Stumbles as Invalid Tax

Blank Rome LLP on

We often focus on whether a levy is a tax masquerading as a fee because a state tax must be fairly apportioned under United States Constitutional precedent, while a fee is not so limited. Some “fees” can be quite material in...more

Jones Day

New York Enacts Climate Change Law That Fines Companies for Historical Emissions

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On December 26, 2024, New York enacted a law requiring certain energy companies to contribute cumulatively $75 billion to a climate "superfund" over the next 25 years....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - November 2018 #2

U.S. to Give Eight Nations Oil Waivers Under Iran Sanctions, Official Says - "The U.S. has agreed to let eight countries - including Japan, India and South Korea - keep buying Iranian oil after it reimposes sanctions on the...more

Mintz - Energy & Sustainability Viewpoints

NY Federal Court Dismisses Case Against Subsidies for Nuclear Energy

On July 25, 2017, the U.S. District Court of the Southern District of New York dismissed a case brought by fossil fuel generators against New York’s recently established zero emission credit program....more

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