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Trump Is Trying to Spook States out of Suing Big Oil—Why They Shouldn’t Back Down
Given the shakiness of the administration’s lawsuits, what really matters is whether state and local officials have the courage to stand strong against Trump’s mafia-style threats.
May 14, 2025
As U.S. President Donald Trump continues to threaten any institutions that could check his administration’s ongoing drive toward authoritarianism, there’s been a stark contrast in responses to his mob boss-style attacks. Some targets—like Harvard, which vowed to fight Trump’s assault on universities, or the law firm Perkins Coie, which recently scored a judicial win holding Trump’s actions against the firm unconstitutional—have seen their stature in their respective fields skyrocket,. Others—like Columbia University or the law firm Paul Weiss, which both immediately folded at the first sign of aggression from Trump—have been publicly, and perhaps permanently, tarred as feckless cowards.
This contrast between courage and gutlessness appeared once again earlier this month in response to Trump’s latest dictatorial salvo: an all-out assault on behalf of the fossil fuel industry against state and local efforts to hold Big Oil companies accountable for deceiving the public about climate change.
Right now, 1 in 4 Americans live in a jurisdiction that is fighting to put Big Oil companies on trial for their climate lies and make them pay for the catastrophic damage they knew decades ago that their products would cause. The fossil fuel industry concedes that it faces “massive monetary liability” in these cases, and has been growing more and more desperate to stop plaintiff communities from having their day in court. In the last few years Big Oil has asked the Supreme Court to block these cases on five separate occasions. Recently, industry front groups tied to Leonard Leo ran a pressure campaign pushing the court to take up the issue.
Making polluters pay for climate damages is widely supported—and far more popular than Trump ever has been.
But the court has denied Big Oil every time, and so fossil fuel companies have had to shift to Plan B: asking the man they spent hundreds of millions of dollars electing to fulfill his end of the quid pro quo. The Wall Street Journal reported that oil executives asked Trump during a White House meeting for legal help against the cases, and their lobbyists are pushing congressional Republicans to include legal protections for the fossil fuel industry “in a coming Trump-endorsed bill.”
In his typical oligarchical style, Trump has gone all in to protect his corporate backers. On April 8 Trump issued an executive order directing the attorney general to “take all appropriate action” to stop states that have “sued energy companies for supposed ‘climate change’ harm.” And this month the Department of Justice filed a series of lawsuits attempting to prevent Hawaii and Michigan from pursuing climate litigation.
We’ve become so inured to the extreme misconduct of this administration that it’s often hard for any new scandal to stand out. But it’s worth taking a moment to appreciate the staggering corruption of this new broadside on the rule of law.
Trump is taking unprecedented action on behalf of an industry that understood decades ago that their fossil fuel products would cause, in their own words, “great irreversible harm,” “more violent weather—more storms, more droughts, more deluges,” and “suffering and death due to thermal extremes.” Instead of warning consumers about this existential threat, they waged a massive disinformation campaign to prevent the public from understanding the dangers of climate change. They made trillions of dollars from this deception, leaving regular Americans to pay the price.
And regular Americans certainly have been paying that price. They’ve been paying in higher insurance costs driven by the “violent weather” that Big Oil companies knew their products would cause. They’ve been paying in homes, businesses, and livelihoods lost in climate-driven “deluges.” And in far too many cases they’ve been paying with their own “suffering and death.” That is why many of the communities hit hardest by these disasters have sued—under the same long-established state laws used to hold Big Tobacco and opioid profiteers accountable—to force the companies responsible for global warming to contribute at least something to the often devastating climate costs that right now are falling entirely on the shoulders of regular Americans.
Trump, of course, doesn’t care about regular Americans experiencing, in his words, “supposed ‘climate change’ harm.” His concern is limited entirely to his Big Oil donors, who are terrified of having to defend their climate lies to a jury composed of the people they screwed over.
Unfortunately for Big Oil, we live in a federalist system of government that does not allow a president to unilaterally block a state from pursuing valid state-law claims in state courts. Indeed, legal experts seem to agree the suits filed by the administration against Hawaii and Michigan are “shockingly flimsy.”
That doesn’t mean Trump’s legal maneuvering isn’t a potent weapon, however. As we’ve seen with Trump’s assault on universities and law firms, the goal of these attacks is not winning in the courtroom. It’s all about intimidation—which means that what really matters is whether state and local officials have the courage to stand strong against Trump’s mafia-style threats.
Some leaders are demonstrating that they have that backbone. On May 1, Hawaii ignored the DOJ’s specious lawsuit and became the 10th state to sue Big Oil. As Hawaii Attorney General Anne Lopez said, “The state of Hawaiʻi will not be deterred from moving forward with our climate deception lawsuit. My department will vigorously oppose this gross federal overreach.”
Michigan Attorney General Dana Nessel had a similar response: “Donald Trump has made clear he will answer any and every beck and call from his Big Oil campaign donors… I remain undeterred in my intention to file this lawsuit the president and his Big Oil donors so fear.”
Sadly, not all local leaders have demonstrated such courage. Shortly after the DOJ announced its suits against Hawaii and Michigan, Puerto Rico voluntarily dropped its 2024 case that sought to make fossil fuel companies pay to help protect the commonwealth’s infrastructure against stronger storms, sea-level rise, and other damages fueled by climate change. The Leonard Leo-linked Alliance for Consumers, which days earlier called on Puerto Rico’s governor to help kill the case, crowed that the dismissal would allow consumers to “take comfort in knowing the things you buy for your family will still be there, at the store, when you need them”—an Orwellian message for the millions of Puerto Ricans who were unable to access basic goods for months following the climate-driven catastrophe of Hurricane Maria.
A spokesperson said the commonwealth dropped its case, which was brought under a previous administration, because Gov. Jenniffer González-Colón wanted to “be aligned with the policies of President Trump,” which is “to support the burning of fossil fuels [and] the protection of oil companies.” As a result, her constituents will be condemned to a future of escalating climate disasters that they—and not the polluters most responsible—will have to pay for.
But maybe the contrast between Puerto Rico’s humiliating supplication and Hawaii and Michigan’s courageous stands can help inspire other local and state jurisdictions to refuse to bend to Trump’s future threats. After all, making polluters pay for climate damages is widely supported—and far more popular than Trump ever has been.
When the history books are written about this lawless moment, the collaborators—the Columbias, the Paul Weisses, the González-Colóns—will not like how posterity remembers their cowardice. But leaders who rise to the occasion, who refuse to surrender to Trump’s protection racket, and who continue fighting to make polluters pay will be able to take pride in their place on the right side of history.
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Trump's 'Phony Energy Emergency' Used by DOJ to Target State Climate Laws
"There is no energy emergency, and Trump's stated reasoning for it is as much a scam as every other pathetic con and hustle this president attempts," said one consumer campaigner.
May 02, 2025
Defenders of climate and the rule of law blasted the Trump administration on Friday for using what one consumer campaigner called a "phony" emergency to wage lawfare against states trying to hold Big Oil financially accountable for the planetary crisis.
On Thursday, the U.S. Department of Justice (DOJ) filed complaints against New York and Vermont over their climate superfund laws, which empower states to seek financial compensation from fossil fuel companies to help cover the costs of climate mitigation. The burning of fossil fuels is the main driver of human-caused global heating.
Separately, the DOJ also sued Hawaii and Michigan "to prevent each state from suing fossil fuel companies in state court to seek damages for alleged climate change harms."
"The use of the United States Department of Justice to fight on behalf of the fossil fuel industry is deeply disturbing."
Hours later, Hawaii became the 10th state to sue Big Oil for lying about the climate damage caused by fossil fuels. The Aloha State's lawsuit targets ExxonMobil, Chevron, Shell, BP, and other corporations for their "decadeslong campaign of deception to discredit the scientific consensus on climate change" and sow public doubt about the existence and main cause of the crisis.
"The federal lawsuit filed by the Justice Department attempts to block Hawaii from holding the fossil fuel industry responsible for deceptive conduct that caused climate change damage," Hawaii Attorney General Anne E. Lopez said. "The use of the United States Department of Justice to fight on behalf of the fossil fuel industry is deeply disturbing and is a direct attack on Hawaii's rights as a sovereign state."
The DOJ on Thursday cited President Donald Trump's April 8 executive order, " Protecting American Energy From State Overreach," which affirms the president's commitment "to unleashing American energy, especially through the removal of all illegitimate impediments to the identification, development, siting, production, investment in, or use of domestic energy resources—particularly oil, natural gas, coal, hydropower, geothermal, biofuel, critical mineral, and nuclear energy resources."
Trump also signed a day-one edict declaring a "national energy emergency" in service of his campaign pledge to "drill, baby, drill" for climate-heating fossil fuels. The "emergency" has been invoked to fast-track fossil fuel permits, including for extraction projects on public lands.
Acting Assistant Attorney General Adam Gustafson of the DOJ's Environment and Natural Resources Division said in a statement Thursday, "When states seek to regulate energy beyond their constitutional or statutory authority, they harm the country's ability to produce energy and they aid our adversaries."
"The department's filings seek to protect Americans from unlawful state overreach that would threaten energy independence critical to the well-being and security of all Americans," Gustafson added.
Robert Weissman, co-president of the consumer advocacy watchdog Public Citizen, on Friday accused the Trump administration of "using a phony energy emergency declaration to illegally attack state climate and clean energy laws."
"There is no energy emergency, and Trump's stated reasoning for it is as much a scam as every other pathetic con and hustle this president attempts," Weissman continued. "Fake constitutional claims based on a fake emergency cannot and will not displace sensible and long overdue state efforts to hold dirty energy corporations accountable."
"These corporations have imposed massive costs on society through their deceptive denial of the realities of climate change, and through rushing us toward climate catastrophe," he added. "It's good policy, common sense, and completely within state authority, for states to hold these corporations accountable."
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US Supreme Court Rejects Big Oil Attacks on Hawaii Climate Lawsuit
"With this latest denial, the fossil fuel industry's worst nightmare—having to face the overwhelming evidence of their decades of calculated climate deception—is closer than ever to becoming a reality," said one advocate.
Jan 13, 2025
Climate campaigners and scientists on Monday welcomed the U.S. Supreme Court's decision to reject attempts by fossil fuel giants to quash the Hawaii capital's lawsuit aiming to hold the major polluters accountable for the devastating impacts of their products.
"This is a significant day for the people of Honolulu and the rule of law," Ben Sullivan, executive director and chief resilience officer at the City and County of Honolulu's Office of Climate Change, Sustainability, and Resiliency, said in a statement.
"This landmark decision upholds our right to enforce Hawaii laws in Hawaii courts, ensuring the protection of Hawaii taxpayers and communities from the immense costs and consequences of the climate crisis caused by the defendants misconduct," he added.
Honolulu first sued companies including BP, Chevron, ConocoPhillips, ExxonMobil, Shell, and Sunoco in March 2020. The companies have fought to shut down the case—like dozens of other climate liability lawsuits that states and municipalities have filed against Big Oil at the state level.
Shell and Sunoco led a pair of appeals to the Supreme Court, arguing that Honolulu's suit was "a blueprint for chaos" because it could inform other legal actions against fossil fuel companies and such cases "could threaten the energy industry." Similar to three previous decisions, the justices declined to intervene.
Center for Climate Integrity president Richard Wiles connected Monday's victory to the other cases, saying in a statement that "Big Oil companies keep fighting a losing battle to avoid standing trial for their climate lies."
"With this latest denial, the fossil fuel industry's worst nightmare—having to face the overwhelming evidence of their decades of calculated climate deception—is closer than ever to becoming a reality," Wiles continued. "Communities everywhere are paying dearly for the massive damages caused by Big Oil's decadeslong climate deception. The people of Honolulu and communities across the country deserve their day in court to hold these companies accountable."
Delta Merner, lead scientist for the Union of Concerned Scientists' Science Hub for Climate Litigation, similarly celebrated the decision, which she called "a resounding affirmation of Honolulu's right to seek justice under state law for the mounting climate impacts caused by fossil fuel companies' deceptive practices."
"For more than 50 years, fossil fuel companies have conducted sophisticated disinformation campaigns to obscure their own research showing that burning fossil fuels would drive climate change," Merner highlighted. "This case lays bare how these actions have contributed to rising seas, intensified storms, and coastal erosion that are devastating Honolulu's people, infrastructure, and natural resources."
"Scientific evidence is unequivocal: The human-caused emissions from fossil fuels are the primary driver of climate change," she stressed. "Honolulu's case stands as an example of how communities are using both science and the law to challenge corporate misconduct and demand accountability for climate damages."
Merner added that "the people of Honolulu are demonstrating remarkable leadership in standing up to powerful fossil fuel companies whose disinformation campaigns have directly contributed to the climate harms they now face. Their efforts serve as a powerful example for communities around the world. This decision is one step in a larger effort to seek accountability and justice."
The Supreme Court's latest blow to the oil and gas industry came just a week before the second inauguration of President-elect Donald Trump, who courted Big Oil executives on the campaign trail and pledged to "drill, baby, drill" if he won the November election.
The high court—which has a right-wing supermajority that includes three Trump appointees—had asked the Biden administration to weigh in. Last month, U.S. Solicitor General Elizabeth Prelogar
urged the justices not to intervene. Merner said at the time that her briefs "represent an important step in the pursuit of climate accountability."
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