Red state coalition files complaint with Supreme Court over blue state energy policy

By 
 May 24, 2024

A coalition of Republican-led states has asked the Supreme Court to prevent their Democrat-run counterparts from shutting down energy production. 

According to the Daily Caller, a complaint was filed this week which alleged that blue jurisdictions are using nuisance lawsuits against fossil fuel companies.

Lawsuit alleges that blue states are causing "profound injury"

Submitted to America's highest judicial body on Wednesday, it names California, Rhode Island, Connecticut, New Jersey, and Minnesota as defendants.

It was put forward by Alabama, Alaska, Florida, Georgia, Idaho, Kansas, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming.

The Daily Caller quoted the complaint as saying that "Plaintiff States and their citizens rely on traditional energy products every day."

"The assertion that Defendant States can regulate, tax, and enjoin the promotion, production, and use of such products beyond their borders—but outside the purview of federal law—threatens profound injury," it continues.

Complaint cites "ruinous liability and coercive remedies on energy companies"

"In essence, Defendant States want a global carbon tax on the traditional energy industry," the complaint goes on to state.

"Citing fears of a climate catastrophe, they seek massive penalties, disgorgement, and injunctive relief against energy producers based on out-of-state conduct with out-of-state effects," it notes.

The complaint further alleges that "Defendant States assert the power to dictate the future of the American energy industry."

It asserted that "[t]hey hope to do so not by influencing federal legislation or by petitioning federal agencies, but by imposing ruinous liability and coercive remedies on energy companies through state tort actions governed by state law in state court."

Connecticut AG says suit was "filed in the Land of Make Believe"

Meanwhile, the Daily Caller pointed out that Connecticut Democratic Attorney General Chris Tong reacted to the lawsuit with mockery.

"This must be a fake lawsuit filed in the Land of Make Believe. I live and work in the real world, where I am focused on actual threats — like the climate crisis — to the health and safety of the people of Connecticut," Tong said in a statement.

"This is pure partisan political theater, and it will not distract or deter us from fighting for Connecticut consumers, families and our environment," the state attorney general added.

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