Attorney General Bonta Sues Trump Administration over "Declaring a National Energy Emergency" Executive Order

20th lawsuit against Trump Administration asks court to block executive order and directive to expedite non-emergency permitting procedures

OAKLAND — California Attorney General Rob Bonta today co-led a coalition of 14 attorneys general in filing a lawsuit challenging President Donald Trump’s Executive Order (EO) entitled “Declaring a National Energy Emergency,” along with the actions taken by the U.S. Army Corps of Engineers (Corps) and the Advisory Council on Historic Preservation pursuant to the EO. Although national energy production reached an all-time high under President Biden and has continued growing, President Trump unlawfully invoked authority under the National Emergencies Act to improperly declare a national energy emergency. Congress passed the National Emergencies Act to prevent Presidents from declaring national emergencies for frivolous or partisan matters — exactly what the President has done here.  Based on that declaration, the EO directs federal agencies to exercise their emergency authorities – reserved for disaster prevention and recovery – to facilitate and expedite the development of energy projects. Notably, the directives under the EO would expedite fossil fuel projects but exclude solar and wind power. Attorney General Bonta and the multistate coalition allege that the President’s directive is not only unlawful, but will unnecessarily fast-track non-emergency projects, which the states allege will result in damage to their states’ waters, historic properties, and tribal lands and the people and wildlife that rely on our precious natural resources.  

“Just another unlawful directive from the President, this time acting well beyond the scope of his emergency powers,” said Attorney General Bonta. “The invocation of the country’s emergency authorities is reserved for actual emergencies— not changes in Presidential policy or because the President feels like it. These procedures misuse authorities meant for disaster response and bypass important health and environmental protections for the benefit of the fossil fuel industry. That’s why my fellow attorneys general and I are filing this lawsuit to hold the President accountable for breaking the law, again.” 

On January 20th, his first day in office, President Trump issued an executive order, which declared a “national energy emergency” under the National Emergencies Act. Pursuant to this directive, the Corps was instructed to identify projects for accelerated permitting under the Clean Water Act (CWA). Under Section 404 of the CWA, the Corps issues permits for the discharge of dredged or fill materials into navigable waters nationwide, typically for water resource projects such as dams and levees, infrastructure development such as highways and airports, mining projects, and flood control projects. The Corps subsequently issued “special emergency permit processing procedures” for Corps districts across the country. Other agencies, including the Advisory Council on Historic Preservation, have followed suit, issuing emergency procedures and/or guidance to expedite permitting of energy projects. Until now, federal agencies have used emergency procedures during actual emergencies such as hurricanes and catastrophic oil spills — for example, the Deepwater Horizon disaster in the Gulf of Mexico. Now agencies are acting under emergency procedures only due to the President’s decision to declare a national energy emergency when no such emergency actually exists. 

In the lawsuit, the attorneys general allege that the President’s directive, and federal agencies’ subsequent implementation of it, violate multiple federal laws, including the Administrative Procedure Act. The attorneys general are asking the Court to declare the President’s directive illegal and prevent the Administration from taking any action to pursue emergency permitting for non-emergency projects.

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

A copy of the complaint can be found here.