United States v. Minnesota

The United States filed a lawsuit seeking to enjoin the State of Minnesota and Minnesota Attorney General Keith Ellison from continuing Minnesota’s lawsuit that seeks to hold fossil fuel industry defendants liable for causing harmful climate change-related impacts in the state. Minnesota’s suit asserts state law claims based on allegations that the defendants participated in a “campaign of deception” to conceal and misrepresent the connection between the defendants’ products and climate change and that the defendants’ actions delayed action to address fossil fuel consumption and greenhouse gas emissions. The U.S.’s complaint alleged that Minnesota’s suit, as well as other climate suits, sought to “artfully plead around federal law while transparently seeking to change national energy policy related to global greenhouse gas emissions and to regulate conduct beyond local borders.” The U.S. further alleged that climate suits like Minnesota’s “directly conflict with and threaten the United States’ capacity to administer federal law and conduct foreign affairs” and “undermine American energy dominance—which is a cornerstone of national energy policy.” The complaint asserted that Minnesota’s claims were precluded under the Constitution because they concern the “uniquely federal interests” of interstate and global pollution and because the claims constitute impermissible extraterritorial regulation in violation of horizontal separation of power. The complaint also asserted that Minnesota’s claims were preempted by the Clean Air Act and under the foreign affairs doctrine. In addition, the U.S. asserted a violation of the dormant Commerce Clause. The U.S. requested a declaration that Minnesota’s suit was unlawful as well as preliminary and permanent injunctive relief blocking Minnesota from pursuing the case.