Montgomery, AL – Alabama Attorney General Steve Marshall is spearheading a coalition of 19 states in a legal challenge asking the Supreme Court to rule against the efforts of California, Connecticut, Minnesota, New Jersey, and Rhode Island to influence American energy policy through state-level litigation. These five states have initiated lawsuits against major energy companies, alleging responsibility for a “climate crisis” and seeking billions of dollars in damages. The litigation, ongoing in state courts, could lead to significant penalties and changes in energy production and consumption nationwide.
Attorney General Marshall argues that the actions taken by California and its allies pose serious constitutional issues and overstep their jurisdictional authority. He emphasizes that such state-level litigation could have far-reaching consequences, affecting energy affordability and national security.
Marshall’s Statement is as follows: “The theory advanced by these states is truly radical: A small gas station in rural Alabama could owe money to the people of Minnesota simply for selling a gallon of gas. The customer might even be liable too. These states are welcome to enforce their preferred policies within their jurisdiction, but they do not have authority to dictate our national energy policy. If the Supreme Court lets them continue, California and its allies will imperil access to affordable energy for every American. That would threaten our national security and harm millions of Americans already struggling to pay for gas and groceries. To protect Alabama citizens and our constitutional order, we had no choice but to sue.”
The coalition’s filing, consisting of a motion, complaint, and brief, argues that traditional energy sources like oil, natural gas, and coal are crucial for American prosperity. The states contend that the litigation brought by California and others undermines the principles of federalism, which ensures that no single state can impose its policies on the entire nation.
The Supreme Court will determine whether to hear the 19-state lawsuit against California and the other states involved. This decision comes after Alabama previously led a 20-state amicus brief urging the Supreme Court to review a similar lawsuit filed by the City and County of Honolulu. That case seeks to hold energy companies accountable for allegedly misleading consumers about the emissions generated by their products.
Joining Alabama in this coalition are the attorneys general from Alaska, Florida, Georgia, Idaho, Iowa, Kansas, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming.
The outcome of this legal challenge could have significant implications for state-level environmental litigation and the broader debate over energy policy and climate change accountability in the United States.
