Today’s lawsuit is the second environmental case brought by AG Clark this week
Attorney General Charity Clark today joined a coalition of 14 other attorneys general in filing a lawsuit to challenge the president’s fake “energy emergency.” On Inauguration Day, President Donald Trump declared a “national energy emergency” under the National Emergencies Act. Congress passed the National Emergencies Act to prevent presidents from declaring national emergencies for frivolous or partisan matters — to ensure this power is only used during actual emergencies.
But now, at the direction of the president, federal agencies are bypassing or shortening critical reviews under the Clean Water Act, Endangered Species Act, and the National Historic Preservation Act for certain energy projects. These laws play a critical role in protecting the environment and human health.
“There is no energy emergency in this country,” said Attorney General Charity Clark. “American energy production is at an all-time high, and this is an attempt by the Trump Administration to illegally circumvent environmental protections that keep us healthy and protect our rivers, wildlife, and other natural resources.”
As explained in the lawsuit, U.S. energy production is at an all-time high. The country is producing so much oil and natural gas that energy companies do not plan to increase output in response to the president’s order. The president is simultaneously seeking to increase exports which, according to the U.S. Department of Energy, will increase prices for American consumers. The Department of Energy also estimates that the U.S. has enough renewable energy potential to meet 100 times the annual nationwide energy demand.
Notably, the order excludes wind and solar — which improve the reliability and affordability of this country’s energy supply and are among the cheapest and cleanest modern energy sources that exist today.
Until now, federal agencies have used emergency procedures during actual emergencies such as hurricanes and catastrophic oil spills — for example, the Deepwater Horizon disaster in the Gulf of Mexico. Now agencies are acting under emergency procedures only due to the president’s order.
The lawsuit, filed in the U.S. District Court for the Western District of Washington, names as defendants President Donald Trump, as well as the U.S. Army Corps of Engineers and its leaders, and the Advisory Council on Historic Preservation and its leader. Both agencies have taken illegal actions to implement the president’s directive.
The attorneys general ask the court to declare the president’s directive, and the agencies’ implementation of it, illegal, and to stop them from issuing emergency permits under the executive order.
Joining Attorney General Clark in filing this lawsuit are the attorneys general of Arizona, California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, Washington, and Wisconsin.
A copy of the complaint is available here.
Today’s lawsuit is the second environmental lawsuit brought by Attorney General Clark this week and the fifteenth case Attorney General Clark has brought against the Trump administration since President Trump took office in January. For more information on actions taken by the Attorney General on behalf of Vermonters, visit our website at ago.vermont.gov/ago-actions.
CONTACT: Amelia Vath, Outreach and Communications Coordinator, 802-828-3171