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Coalition challenges Trump's national energy emergency executive order

LEGAL NEWSLINE

Tuesday, May 13, 2025

Coalition challenges Trump's national energy emergency executive order

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Attorney General Rob Bonta | Official website

California Attorney General Rob Bonta has initiated a lawsuit against the Trump Administration, challenging an executive order that declares a "National Energy Emergency." This legal action is supported by 14 other attorneys general. The executive order in question directs federal agencies to expedite energy project development using emergency authorities typically reserved for disaster prevention and recovery.

Attorney General Bonta criticized the directive, stating, “Just another unlawful directive from the President, this time acting well beyond the scope of his emergency powers.” He argues that these procedures misuse authorities intended for disaster response and bypass essential health and environmental protections.

The lawsuit alleges that President Trump's directive unlawfully invokes authority under the National Emergencies Act. It claims that Congress designed this act to prevent presidents from declaring emergencies for frivolous or partisan reasons. The executive order reportedly favors fossil fuel projects while excluding solar and wind power initiatives.

The U.S. Army Corps of Engineers and other federal agencies have begun implementing special emergency permit processing procedures following the executive order. These actions have traditionally been reserved for actual emergencies such as hurricanes or oil spills.

The coalition of attorneys general asserts that these implementations violate multiple federal laws, including the Administrative Procedure Act. They are seeking a court declaration to block further actions under this directive.

Joining Attorney General Bonta in this lawsuit are attorneys general from Arizona, Connecticut, Illinois, Massachusetts, Maine, Maryland, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Wisconsin, and Washington Attorney General Brown.

A copy of the complaint is available online.

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