Attorney General Ashley Moody, along with a coalition of attorneys general, has filed a legal action with the Supreme Court of the United States. The aim is to protect states from what they deem unconstitutional lawsuits filed by states supporting the Green New Deal, which target interstate emissions. The coalition argues that these defendant states are attempting to control the future of the American energy industry through coercive measures that override congressional authority.
"California has destroyed itself with reckless and costly Green New Deal policies that have weakened their state and put them on the brink of financial ruin," said Attorney General Moody. "I refuse to allow California, and other states like it, to tell Florida how to govern itself. These states are attempting to unconstitutionally legislate across state lines and force their radical policies on other states when people are struggling to buy groceries. Only Congress has the authority to set national energy policy."
The legal action contends: “When controversies arise among the States of our Union, their options are to seek a federal resolution from Congress or from this Court…Under this Court’s precedents, the actions of Defendant States are unconstitutional. ‘[T]he basic scheme of the Constitution … demands’ the application of federal law to matters of interstate air pollution.” It further asserts that "Defendant States are threatening to weaken our national energy system through tort litigation under their state laws and in their state courts."
The document highlights that oil and natural gas play a significant role in both economic and national security aspects. In 2015, these industries contributed nearly 8% to the U.S. gross domestic product and accounted for nearly 6% of total employment. Additionally, first responder vehicles, aircraft, and military equipment heavily rely on gasoline or diesel fuel.
The action claims: “All at once, Defendant States’ actions exceed state authority, flout the horizontal separation of powers, usurp federal authority over a federal issue, and violate the prohibition on extraterritorial regulation embodied in the Commerce Clause." The attorneys general argue that such attempts threaten significant harm by potentially regulating traditional energy products beyond state borders without adhering to federal law.
The coalition seeks declarations from SCOTUS deeming attempts by states to impose liability for emissions originating in other states as unconstitutional. They also request injunctions against efforts by these states to restrict promotion, sale, or use of traditional energy products like oil and natural gas across state lines.
Attorney General Moody is supported in this legal action by attorneys general from Alabama, Alaska, Georgia, Idaho, Iowa, Kansas, Mississippi, Missouri, Montana, Nebraska, New Hampshire North Dakota Oklahoma South Carolina South Dakota Utah West Virginia Wyoming.