Nessel, 14 other attorneys general sue Trump administration over declared energy emergency

Michigan Attorney General Dana Nessel filed a lawsuit May 9 against President Donald Trump and various federal officials. The suit, filed with 14 other state attorneys general, challenges the Trump administration’s declaration of an energy emergency.

The 61-page lawsuit, filed in U.S. District Court for the Western District of Washington, seeks to block a January executive order that declares a national emergency and directs federal agencies to expedite permits for energy projects, including the Line 5 Pipeline.

Gov. Gretchen Whitmer and Nessel have tried to shutter the Line 5 pipeline since 2019. Both will leave office at the end of their current term in office due to term limits.

Section 401 of the Clean Water Act allows states to evaluate applications for federal permits to deteremine whether they comply with applicable state water quality standards.

“True emergencies are disasters that directly impact residents, not fake crises to pad Big Oil’s profits,” Nessel said in a statement. “This is just the latest in a long line of examples of President Trump illegally using his executive orders and administration to cater to his Big Oil campaign donors at the expense of our Great Lakes, our environment, and the people of Michigan.”

The attorneys general ask the court to declare the president’s directive illegal and stop the federal government from issuing emergency permits.

Joining Nessel in filing this lawsuit are the attorneys general of Arizona, California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington and Wisconsin.

In early May, the Trump administration sued Michigan over its planned lawsuit against oil and gas companies.

The Justice Department’s lawsuit says that Michigan is interfering with federal law, including the Clean Air Act. It also cites the federal government’s exclusive authority over interstate and foreign commerce, greenhouse gas regulation and national energy policy.

Fossil fuel extraction on federal lands generated over $13.8 billion for the U.S. treasury in 2024, the lawsuit says.

In Michigan, energy prices are so high that gas, electric and other customers picked up the tabs of 55,782 households who struggled to pay bills. Meanwhile, Michigan energy companies pocketed $14 billion in loans from the federal government.

Michiganders pay some of the highest energy bills nationwide, Michigan Capitol Confidential has reported.