New England Biz Law Update
Fourteen attorneys general have sued to challenge the Trump administration’s declaration of an “energy emergency.”
The lawsuit, filed in U.S. District Court for the Western District of Washington, seeks to block the implementation of an executive order that the suit claims falsely declares a national emergency to fast-track fossil fuel projects and roll back environmental protections.
In January, President Donald Trump issued the Energy Emergency Executive Order, which directs federal agencies to expedite permits for energy projects by circumventing long-standing environmental review processes under laws such as the Clean Water Act, the Endangered Species Act, and the Historic National Preservation Act.
Section 401 of the Clean Water Act allows states to evaluate federal permit applications for compliance with applicable state water quality standards.
The multistate coalition argues the Trump administration is illegally using emergency authorities for non-emergency projects to keep the nation reliant on energy sources such as coal, oil and gas, as energy production remains at an all-time high and major energy companies have stated they do not plan to increase output as a result of the order.
The AGs are asking the court to declare the president’s directive, and the agencies’ implementation of it, illegal and stop them from issuing emergency permits under the executive order.
The suit was filed by AGs in Arizona, California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
