Interior Secretary Doug Burgum, chair of President Donald Trump’s National Energy Dominance Council. … [+] (Photo by Justin Lane – Pool/Getty Images)
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President Donald Trump’s decision to establish the National Energy Dominance Council was a bold move that underscores his commitment to American energy leadership.
Chaired by Interior Secretary Doug Burgum, the Council is designed to unleash America’s vast domestic energy resources, promoting both offshore and onshore oil leasing while reinforcing the nation’s global leadership in energy.
Trump’s executive order creating the Council marks a definitive shift away from the restrictive energy policies of the previous administration. It incentivizes private-sector investment, streamlines regulatory processes, and reduces reliance on adversarial foreign energy sources.
However, environmental groups continue to argue that litigation is necessary to hold energy producers accountable and combat climate change. They continue to push opportunistic legal actions, often driven by political ideology rather than sound legal foundations, aimed at disrupting domestic energy production—even as state courts increasingly recognize the complexity and global nature of dealing with climate change.
Many of these lawsuits are collapsing. There’s a growing consensus among state courts that these cases are meritless. Judges in Delaware, Baltimore, New York, Annapolis, and New Jersey have ruled that activity related to climate change transcends state borders and, therefore, climate-related claims cannot apply to the individual laws of multiple different states––climate change is instead the responsibility of Congress and the Environmental Protection Agency.
A recent ruling in New York underscores this point. The state’s highest court dismissed the city’s second attempt to sue energy producers, noting that New Yorkers have long been aware of fossil fuels’ potential climate impacts, rejecting claims of widespread consumer deception.
In January, a Maryland judge dismissed lawsuits from Annapolis and Anne Arundel County, ruling that the “U.S. Constitution’s federal structure does not allow the application of state court claims” to regulate global emissions.
Similarly, New Jersey’s Superior Court dismissed the state’s climate lawsuit this month, ruling that only federal law can govern “interstate and international emissions claims.” These decisions reinforce a growing legal consensus that addressing global climate change is beyond the purview of state courts and state laws.
Last July, the Baltimore City Circuit Court rejected an attempt to regulate climate change under Maryland law. The case targeted widely used fossil fuel products that remain lawful and regulated by established federal and state agencies. The court called out Baltimore for attempting to argue that the suit was about misinformation and not climate change, noting “the explanation by Baltimore that it only seeks to address and hold Defendants accountable for a deceptive misinformation campaign is simply a way to get in the back door what they cannot get in the front door.”
All these rulings align with the U.S. Supreme Court’s precedent that state law cannot be used to resolve claims involving cross-border pollution.
Yet, litigation continues to clog the courts. Puerto Rico, for example, persists in a lawsuit against fossil fuel companies over climate damages, alleging that the industry knew about the dangers of its products.
Puerto Rico’s litigation strategy is puzzling considering the island’s ongoing power failures. Despite billions in federal aid, much of the island’s grid remains outdated and vulnerable to rolling blackouts. Newly elected Governor Jenniffer González-Colón might be better served supporting policies that strengthen energy resilience and modernize Puerto Rico’s infrastructure.
The persistence of these climate nuisance lawsuits represents a deliberate attempt to disrupt energy development—either by halting projects outright or by driving up costs to make them less competitive. In both cases, the ultimate loser is the American consumer, who faces higher energy prices.
President Trump’s response to these lawsuits is embodied, in part, in the National Energy Dominance Council’s agenda. The Council has launched several initiatives designed to boost domestic energy, including streamlining permitting processes to reduce project delays caused by litigation, and enhancing coordination with federal agencies to ensure regulatory clarity.
Additionally, the Council has prioritized educational campaigns to inform the public and policymakers about the economic and security benefits of domestic energy production. By championing targeted, practical solutions, the Council aims to secure stable, affordable energy supplies while minimizing dependence on hostile foreign producers. Its focus on job creation, regulatory clarity, and technological innovation bolsters the economy without compromising environmental standards.
As climate litigation continues to falter in courthouses across the country, President Trump’s vision for energy dominance is gaining momentum. We must not allow America’s energy security to be undermined by climate advocacy masquerading as litigation. Protecting our nation’s energy future requires pragmatic policies, legal clarity, and an unwavering commitment to domestic energy leadership.
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Publish date : 2025-02-25 23:43:00
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