Lansing, Michigan – This week, Michigan Attorney General Dana Nessel spoke out against what she and a coalition of 14 other state attorneys general label an overreach of executive power. Nessel sued on Wednesday in the U.S. District Court for the Western District of Washington to stop President Trump’s Energy Emergency Executive Order of January 20, 2025. The suit claims that the order incorrectly proclaims a national energy crisis and ignores set environmental protections.
The lawsuit claims the executive order tells federal agencies to disregard important laws like the Clean Water Act, the Endangered Species Act and the National Historic Preservation Act, hence getting licensing of new fossil fuel projects. States examine federal permit requests under Section 401 of the Clean Water Act to guarantee they satisfy water quality criteria—protections considered vital to protect Michigan’s Great Lakes and drinking water. Nessel’s lawsuit claims the administration is endangering environmental health as well as public welfare by attempting to override this procedure.
The coalition’s paper draws attention to the fact that major oil, gas and coal corporations have said this directive won’t drive increased production and that U.S. energy generation is already approaching historic highs. The plaintiffs contend, instead, that it only hastens initiatives benefiting major energy interests. Notably missing from the order’s accelerated actions are wind, solar and battery storage—technologies that, by many reports, constitute some of the most affordable and environmentally friendly energy sources available now.
“True emergencies are disasters that directly impact residents, not fake crises to pad Big Oil’s profits,” Nessel said. “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.”
Her comments highlight the suit’s main claim: that the president is misusing emergency powers for political purposes instead of addressing any real national danger.
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The attorneys general want the court to officially rule the order illegal and prevent federal agencies from granting any so-called emergency permits under its power. In addition to Michigan, the case is led by the attorneys general of Arizona, California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
The case promises to push the limits of executive power and the tenacity of environmental laws meant to strike a balance between economic growth and ecological preservation as the case progresses. Nessel and her colleagues state officials are resisting for the time being, driven to make sure any modifications to long-standing review procedures get appropriate examination instead of being brushed aside in the name of a crisis they say does not exist.