In a sweeping executive order signed late Tuesday, Trump ordered Attorney General Pam Bondi to “stop the enforcement of State laws” on climate change that the administration says are unconstitutional, unenforceable or preempted by federal laws.
The order names California, New York and Vermont as specific targets, while also listing a broad range of state policies that the administration would seek to nullify — from cap-and-trade systems to permitting rules.
The executive order also targets the array of lawsuits that mostly Democratic-led states, cities and counties have brought against oil majors, seeking compensation for the ravages of climate change, such as rising tides and more frequent wildfires.
“These State laws and policies are fundamentally irreconcilable with my Administration’s objective to unleash American energy,” Trump said in the order. “They should not stand.”
The move came as Trump presided over a White House event Tuesday aimed at reviving the coal industry, which has withered against competition from less expensive natural gas and renewables.
He pledged to a row of coal miners standing behind him that he’d direct the Department of Justice to “identify and fight every single unconstitutional state or legal regulation that’s putting our coal miners out of business.”
Some legal experts said the White House’s executive order would be “toothless,” though climate advocates worry about gambling with a judiciary dominated by conservative appointees. And in a statement, Democratic governors said Trump would not intimidate them from climate action.
“The federal government cannot unilaterally strip states’ independent constitutional authority,” New York Gov. Kathy Hochul and New Mexico Gov. Michelle Lujan Grisham said in a statement. The two Democrats co-chair the U.S. Climate Alliance, representing 22 states committed to reaching net-zero emissions.
“We are a nation of states — and laws — and we will not be deterred,” they said. “We will keep advancing solutions to the climate crisis that safeguard Americans’ fundamental right to clean air and water, create good-paying jobs, grow the clean energy economy, and make our future healthier and safer.”
Trump’s order represents a sharp escalation in his war on climate policy, as well as a continuation of his efforts to consolidate power in the White House at the expense of Congress, courts and, now, the states.
The action comes just three weeks after oil and gas industry executives met with Trump and expressed worries about state climate efforts and the lawsuits, according to The Wall Street Journal, which first reported details of the meeting.
An industry source, who was granted anonymity to discuss sensitive commercial information, confirmed to POLITICO’s E&E News that Trump appeared to agree that the states’ moves posed a threat to his energy agenda and signaled that he’d look at ways to help the industry.
The American Petroleum Institute (API) cheered Trump’s order as a response to New York’s and California’s laws.
“Directing the Department of Justice to address this state overreach will help restore the rule of law and ensure activist-driven campaigns do not stand in the way of ensuring the nation has access to an affordable and reliable energy supply,” API senior vice president and general counsel Ryan Meyers said in a statement.