Filed Date: April 30, 2025
Case Ongoing
Clearinghouse coding complete
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.
The case is ongoing.
Summary Authors
Scott Shuchart (5/8/2025)
Matt Petrillo (6/30/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70022745/parties/united-states-v-state-of-michigan/
Heminger, Justin (Michigan)
Kuhl, Richard S. (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/70022745/united-states-v-state-of-michigan/
Last updated July 16, 2025, 12:16 p.m.