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Mich. AG Nessel fights to stop climate DOJ climate lawsuit against Big Oil—says feds jump the gun.
Detroit legal showdown over pre-emptive DOJ lawsuit targets state climate plans
Michigan Attorney General Dana Nessel moved on June 20 to dismiss a federal lawsuit by the U.S. Department of Justice, filed April 30, that aims to prevent Michigan from suing fossil fuel companies for climate damages. Nessel’s brief argues the DOJ lacks jurisdiction because Michigan has not filed a climate lawsuit and that DOJ’s theory is speculative.
The DOJ, as part of a series of suits including those against Hawaii, New York and Vermont, contends state plans to sue over climate harm threaten federal energy policy and intrude on EPA authority under the Clean Air Act. Attorney General Pamela Bondi described such efforts as “burdensome and ideologically motivated,” posing risks to national energy independence.
Legal experts question DOJ’s pre?emptive strategy and case timing
Michael Gerrard, director of Columbia’s Sabin Center for Climate Change Law, called the DOJ’s pre?emptive suit “highly unusual,” explaining courts usually await actual threats or filed suits before intervening . Ann Carlson, UCLA environmental law professor, criticized DOJ’s dual stance: blocking state climate suits while weakening EPA’s regulatory reach.
Michigan’s climate intent and permitting actions face public scrutiny
Nessel’s motion notes Michigan hired outside firms to prepare potential climate litigation but has yet to file a complaint. A story by Michigan Capitol Confidential revealed that while the state sues fossil fuel producers, permits for 23 oil and gas projects were approved over the past two years. Environmental law expert Bruce Huber pointed out that such suits are symbolic and have low likelihood of success.
Battle over federalism, energy policy and climate accountability looms large
This legal conflict echoes a broader federal?state power struggle. The Trump administration’s January 2025 executive order rallies support for domestic energy expansion and aims to block climate lawsuits. Michigan’s counter?argument says DOJ is overstepping because no active case exists.
For Michigan, the outcome holds stakes for local towns coping with climate impacts. State authority to hold Big Oil accountable may hinge on a future suit. If Michigan prevails, it could reshape environmental accountability across the Great Lakes region.
Related context and expert perspectives
- Michigan continues oil and gas permitting even as it plans climate litigation
- A federal judge in Massachusetts recently refused to dismiss state wind?project litigation, highlighting courts’ willingness to hear energy?policy conflicts .
- DOJ’s lawsuit aligns with broader federal attempts to curtail state-level environmental actions
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