Nonprofit Asks Court to Stop ‘War on American Energy’

A Louisiana nonprofit filed “friend of the court” briefs Thursday in two cases concerning what it calls “major distortions of the U.S. legal system to wage war on American energy production.” 

The Pelican Institute petitioned the Supreme Court to hear two cases its general counsel described as “politically motivated lawsuits … weaponized to rewrite history and regulate by litigation.” 

Both cases concern state attempts to regulate energy production at a time when President Donald Trump is working nationally to “unleash” American energy by reducing regulation. 

The first case, Suncor v. Boulder County, concerns Colorado’s attempt to use state law to sue companies that violate global greenhouse gas standards outside its borders. 

In an amicus brief filed alongside the Frontier Institute, the Independence Institute, and the Manhattan Institute, the Pelican Institute argued Colorado’s actions violated other states’ sovereignty.  

If the Supreme Court allows Colorado’s suits to continue, it argued, any single state will effectively be empowered to dictate energy policy nationwide. It added that such actions are preempted by the Clean Air Act, which gives the federal government authority to regulate pollution nationwide. 

The second case, Chevron v. Plaquemines Parish, concerns Louisiana parishes’ efforts to hold energy companies liable for crude oil they produced during World War II. The Pelican Institute cites “dozens” of similar Louisiana suits, which it says could saddle the state with billions in costs, drive investment out, and risk thousands of jobs. 

Now, these cases wait for the Supreme Court to decide whether to hear them. 

In an executive order issued his first day in office, Trump instructed federal agency heads to review “all existing regulations” and instructions that “impose an undue burden” on domestic energy development. 

Earlier this year, California attempted to bypass those actions and impose a nationwide electric vehicle mandate via state regulations. But Congress passed, and Trump signed, a resolution declaring that attempt violated the Clean Air Act. 

“It is the Federal Government, not States, that should establish vehicle emissions standards,” Trump said in a statement.