Federal, state lawsuits cite CapCon story
Dana Nessel | Michigan Attorney General’s office
Michigan Attorney General Dana Nessel’s office argues that it has not yet sued Michigan energy companies in its request to dismiss a lawsuit filed by the federal government.
The office filed a motion with the United States District Court for the Western District of Michigan in late June, seeking to dismiss the federal lawsuit. Nessel called the lawsuit from the U.S. Department of Justice speculative, premature and basaed on guesswork.
The Justice Department sued Nessel and Gov. Gretchen Whitmer in April over their plan to hire out-of-state law firms to sue energy companies over alleged harms caused by cliate change.
“The DOJ’s baseless lawsuit is a blatant attempt to intimidate my office and deter us from holding Big Oil accountable,” Nessel said in a press release. “Any lawsuit we file against the fossil fuel industry is still in the development stage and entirely unknown to the administration, as their own filing admits, making this move not just premature but deficient. We will not be bullied, and I remain undeterred in my intent to pursue justice on behalf of Michigan residents.”
The federal government seeks to prohibit state officials from filing any lawsuit against the fossil fuel industry over claims related to climate change.
No climate-related lawsuit against the oil and gas industry has succeeded. .
“These burdensome and ideologically motivated laws and lawsuits threaten American energy independence and our country’s economic and national security,” U.S. Attorney General Pam Bondi said in announcing the suit against Michigan and other states that have announced similar plans.
“At a time when states should be contributing to a national effort to secure reliable sources of domestic energy, Michigan is choosing to stand in the way,” Bondi said. “This nation’s constitution and laws do not tolerate this interference.”
Nessel’s motion to dismiss argues that Michigan’s decision to retain outside law firms to pursue actions against energy companies does not give the federal government grounds to sue. Whitmer and Nessel’s statement criticizes the federal department for citing Michigan Capitol Confidential reporting in its complaint.
“The news article about Michigan’s decision to retain outside counsel for ‘climate change litigation’ appeared in a publication produced by an organization that ‘challenges government overreach … and advocate[s] for free-market approaches to public policy … and limited government,’” the motion to dismiss reads. “The 748-word article states: ‘The Department of Attorney General selected the outside legal teams to serve as special assistant attorneys general to sue the fossil fuel industry on behalf of the State of Michigan’ (McClallen, supra). The article adds: ‘None of the firms responded to a request for comment. The lawsuit hasn’t been filed yet, so the defendants are unclear.’” (id.).”
Michigan has approved nearly two dozen oil projects in the last two years, CapCon has reported
