Showalter Comments on New DOJ Lawsuits Challenging State-Level Climate Change Efforts
Law360
Partner J. Michael Showalter was quoted on the Trump Administration’s lawsuits testing the judiciary’s stance on federal interests in state affairs, particularly concerning state-led climate change initiatives.
In both Hawaii and Michigan, the Administration is actively working to halt lawsuits aimed at holding companies accountable for damages related to climate change. Meanwhile, in Vermont and New York, the US Department of Justice (DOJ) is attempting to dismantle state laws that impose liability on companies for climate change-related damages.
Mike said that the lawsuits show how the US Department of Justice (DOJ) is moving quickly to implement President Trump’s executive orders, with more litigation likely coming.
“They’re trying to provide some clarity for companies that are affected by these state actions,” he said. “They need to do it as quickly as they can because everybody has to do planning and lawsuits take time.”
Mike said that the tension between the federal government and states that are pushing forward with climate legislation and litigation is going to continue to play out for the rest of Trump’s term.
“If Congress had comprehensively regulated greenhouse gases, and intended to cover the whole field, we wouldn’t have had all the litigation from 2008 till now about whether Congress intended to regulate greenhouse gases,” he said. “Courts exist to help us figure this stuff out.”
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