‘Illegal and Unconstitutional’: Trump Signs Executive Order to Block Enforcement of State Climate Laws

President Donald Trump on Tuesday issued another executive order, this time with the purpose of stopping the enforcement of state climate laws.

The order, “Protecting American Energy From State Overreach,” directs the United States attorney general to identify and take action to block state laws addressing climate change, fossil fuel emissions and Environmental, Social, and Governance (ESG) initiatives.

“The federal government cannot unilaterally strip states’ independent constitutional authority,” said New York Governor Kathy Hochul and New Mexico Governor Michelle Lujan Grisham in a joint statement, as Politico reported. “We are a nation of states — and laws — and we will not be deterred.”

In the executive order, Trump instructed Attorney General Pam Bondi to “stop the enforcement of State laws” related to climate change, which the administration said are preempted by federal laws, unconstitutional or otherwise unenforceable.

The order singles out New York, California and Vermont as targets, while listing a wide range of state policies the administration aims to invalidate. It also takes aim at lawsuits that cities, counties and states have brought against big oil.

“These State laws and policies are fundamentally irreconcilable with my Administration’s objective to unleash American energy. They should not stand,” the order states.

Some environmental lawyers have questioned the validity of the latest in a long string of executive orders.

“This illegal and unconstitutional order panders to the biggest polluters on the planet and shows Trump’s utter hypocrisy on states’ rights,” said Jason Rylander, legal director of the Center for Biological Diversity’s Climate Law Institute, as reported by The Guardian. “Trying to sic the justice department on state officials who are protecting their people from pollution will fail because the US attorney general has no power to declare state laws illegal.”

The order directs Bondi to target state laws that mention terms such as “greenhouse gas emissions” and “environmental justice,” as well as those having to do with carbon taxes and fees.

It states that, within 60 days, Bondi is to report on actions taken against the laws and recommend others to be taken by the president or Congress.

“This order is an illegal, disgusting attempt to force everyday people to pay for the rising toll of climate disasters, while shielding the richest people in the world from accountability,” said Aru Shiney-Ajay, executive director of youth-led environmental justice organization the Sunrise Movement, as The Guardian reported.

The executive order says energy policies implemented by states that go beyond their borders exceed their constitutional authority. An example given in the order is California’s cap-and-trade system — in operation since 2012 — which requires businesses to purchase pollution allowances, thereby “punishing carbon use.”

A similar carbon market in Washington state was upheld by voters last year.

The cap-and-trade system supports the Regional Greenhouse Gas Initiative — a cooperative program covering the electricity system of 11 states, mostly in the Northeast.

California Attorney General Rob Bonta on Tuesday said the state “remains committed to using the full force of the law and tools of this office to address the climate crisis head-on and protect public health and welfare,” reported Politico.

According to a spokesperson for Bonta, the office is reviewing the executive order, “but this much is clear: the Trump administration continues to attempt to gut federal environmental protections and put the country at risk of falling further behind in our fight against climate change and environmental harm.”

Climate advocates have said the order is another anti-democratic attempt to stifle climate action.

“Make no mistake: this executive order isn’t about energy independence or economic security – it’s about ensuring billionaire polluters never have to face a jury of ordinary Americans,” said Cassidy DiPaola, communications director of Make Polluters Pay, as The Guardian reported. “The American people deserve better than a government that protects polluters’ profits over people’s lives.”