Michigan officials are fighting back hard against what they view as federal overreach after the Trump administration filed a lawsuit attempting to block the state from pursuing climate litigation. The Department of Justice lawsuit, filed in the Western District of Michigan, claims only the federal government—not states—has authority to regulate greenhouse gas emissions under the Clean Air Act.
Attorney General Dana Nessel isn’t having it. Her office bluntly called the federal action “frivolous and potentially sanctionable.” Quite the legal burn. The feds are trying to block Michigan’s lawsuit before it’s even filed, which seems a bit like arresting someone for a crime they haven’t committed yet. Minority Report, anyone?
Michigan’s Attorney General slams DOJ overreach as preemptive legal warfare against climate action that hasn’t even begun.
The timing couldn’t be worse for Michigan. The state recently passed Public Act 235, which mandates ambitious clean energy goals: 50% renewable energy by 2030, ramping up to 100% clean energy by 2040. Wind energy is supposed to carry a huge load, providing 25% of the state’s electricity by 2035.
But here’s the twist. The Trump administration isn’t just trying to block Michigan’s lawsuit. They’re actively halting wind development projects nationwide. These projects are critical for Michigan to hit its targets and keep energy costs down. Wind is literally the cheapest new energy option for the state. So much for fiscal responsibility. This aligns with the broader industry trend where oil giants like BP and Shell have been scaling back renewables in favor of fossil fuel investments with higher returns.
This isn’t just about Michigan. The DOJ has filed similar lawsuits against Hawaii and is eyeing New York and Vermont next. Legal experts have described these preemptive federal actions as unprecedented interventions in state climate policies. The lawsuit includes multiple constitutional claims under the Fourteenth Amendment and allegations of violations of the Supremacy Clause. It’s part of a broader strategy outlined in Trump’s executive order, “Protecting American Energy from State Overreach.” Ironic name, considering who’s overreaching here.
Michigan and a coalition of Democratic states are seeking court injunctions to stop federal interference. They argue the administration’s actions violate the Administrative Procedure Act and other federal laws.
The battle lines are drawn around a fundamental question: can states seek redress for climate damages, or does federal authority trump all? Michigan is betting on the former. The courts will decide.
References
- https://climatecasechart.com/case/united-states-v-michigan/
- https://www.michigan.gov/ag/news/press-releases/2025/05/06/ag-nessel-sues-trump-administration-for-halting-development-of-wind-energy
- https://planetdetroit.org/2025/05/justice-department-sues-michigan-over-climate-action/
- https://www.michiganpublic.org/politics-government/2025-05-02/trump-goes-hardball-with-michigan-on-climate-change-lawsuits
- https://www.hklaw.com/en/insights/publications/2025/05/an-update-on-climate-superfund-laws-and-climate-change-lawsuits
