United States v. Michigan

One day after the Michigan Attorney General filed a lawsuit alleging that energy industry defendants engaged in a conspiracy to delay the transition to low-carbon transportation and energy (see below under “New Cases and Filings”), the federal district court for the Western District of Michigan dismissed the United States’ lawsuit seeking to block the State of Michigan from filing a lawsuit seeking damages from fossil fuel companies for climate change harms. The court ruled that at the time the U.S.’s amended complaint was filed, the case was not ripe for judicial review and the United States did not have standing. Regarding ripeness, the court found that the case turned on “contingent future events” and that deferring review would not “impose significant practical harm” on the United States. With respect to standing, the court found that the federal government failed to establish an “existing” or “certainly impending” injury and, moreover, that the U.S. failed to establish a causal connection between its alleged injuries and the State of Michigan’s alleged conduct.