Filed Date: April 30, 2025
Case Ongoing
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This case challenged the state of Michigan's plans to bring a lawsuit against fossil fuel companies to hold them liable for their contribution to climate change and its effects.
On April 30, 2025, the United States filed this lawsuit against Michigan, its Governor, and its Attorney General in the U.S. District Court for the Western District of Michigan. The DOJ argued that Michigan's lawsuit was pre-empted by the Clean Air Act and the federal government's control over foreign affairs, that it would constitute unconstitutional regulation by a state of territory outside the state, and that it would violate the Interstate Commerce and Foreign Commerce Clauses. Specifically, the DOJ argued that through the Clean Air Act, the Congress anointed the federal EPA as the regulator of greenhouse gas emissions, and therefore, under the Supremacy Clause, states were pre-empted from regulating greenhouse gas emissions through state law. The DOJ asked the court to declare that Michigan's state law claims were unconstitutional, and to permanently enjoin Michigan from taking actions to assert Michigan's state law claims.
On June 20, 2025, Michigan moved to dismiss the case, arguing that it entrenched on state sovereignty and should be dismissed for lack of subject matter jurisdiction. Michigan argued in the alternative that judicial review should be deferred until it could decide whether to file any of its claims under Michigan state law.
On July 11, 2025, the United States filed an amended complaint. The amended complaint did not name any new parties, causes of action, or forms of requested relief. However, the amended complaint significantly expanded the United States' factual allegations regarding specific steps Michigan has taken toward litigation, including retention of private counsel and requests for proposals to sue fossil fuel companies. Since the amended complaint superseded the original complaint, the court dismissed Michigan's motion to dismiss as moot on July 15, 2025.
On July 31, 2025, Michigan again moved to dismiss the case, arguing that the matter was not ripe, depriving the court of subject-matter jurisdiction. Michigan states that it has not filed any climate-related lawsuits against any fossil fuel industry entity. In addition, even if Michigan does file a climate-related suit in the future, it’s unclear who will be sued, where the claims will be brought, and whether the claims will be based in federal or state law. Without specific claims before the court to assess, Michigan argues the court can’t properly determine if the state action is preempted or unconstitutional. The court has not yet ruled on the motion to dismiss.
As of November 15, this case is ongoing.
Summary Authors
Scott Shuchart (5/8/2025)
Matt Petrillo (7/23/2025)
Allison Opheim (11/15/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70022745/parties/united-states-v-state-of-michigan/
Adams, John Kenneth (Michigan)
Gustafson, Adam R.F. (Michigan)
Heminger, Justin (Michigan)
Stander, Robert Nolan (Michigan)
Kuhl, Richard S. (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/70022745/united-states-v-state-of-michigan/
Last updated Nov. 15, 2025, 9:26 p.m.
State / Territory:
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 2.0: Litigation and Investigations By the Government
Key Dates
Filing Date: April 30, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The United States of America
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
All Writs Act, 28 U.S.C. § 1651
Clean Air Act, 42 U.S.C. §7401 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Other Dockets:
Western District of Michigan 1:25-cv-00496
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Granted:
Source of Relief:
Issues
General/Misc.:
Presidential/Gubernatorial Authority: