Sixteen states are broadening their lawsuit over President Trump’s declaration of a national “energy emergency,” which he issued on the first day of his presidency. Arizona and New Mexico are part of the coalition and Colorado joined the ongoing legal challenge for its updated filing.
“The energy and critical minerals identification, leasing, development, production, transportation, refining, and generation capacity of the United States are all far too inadequate to meet our Nation’s needs,” the order stated. “We need a reliable, diversified, and affordable supply of energy to drive our Nation’s manufacturing, transportation, agriculture, and defense industries, and to sustain the basics of modern life and military preparedness.”
It directed agencies to use emergency rules to speed up fossil fuel development.
In their lawsuit, the states, all with Democratic attorneys general, argue there’s no such emergency according to the National Emergencies Act. They also say Trump’s order unfairly leaves out certain energy sources like wind and solar.
More centrally, they contend that federal agencies are side-stepping important environmental laws, such as the National Environmental Policy Act and the Endangered Species Act, to carry out the executive order.
“Saying, ‘You're using this emergency authority, or at least saying you're going to, in ways that don't comply with the statute or the regulation that gives you some emergency authorities,’” explained Erika Kranz, a staff attorney with the environmental and energy law program at Harvard Law School.
An updated complaint filed last month included new accusations against the Department of the Interior. It said the agency’s sped-up permitting process for oil, gas, coal, geothermal, critical minerals and other energy sources, violates the requirements of the National Environmental Policy Act.
Kranz said the agency’s emergency rules are usually reserved for the wake of disasters.
“Recovery from a flood or some sort of environmental disaster; a big sewage spill; or recovery from a hurricane or a wildfire – that's a lot of them,” she said.
Colorado Attorney General Phil Weiser said the Interior Department used the emergency permitting system to fast-track the expansion of the Wildcat Loadout Facility in Utah, which will send more oil trains along the Colorado River.
The federal government has until early March to respond to part of the legal challenge.
This story was produced by the Mountain West News Bureau, a collaboration between Boise State Public Radio, Wyoming Public Media, Nevada Public Radio, KUNR in Nevada, KUNC in Northern Colorado, KANW in New Mexico, Colorado Public Radio and KJZZ in Arizona as well as NPR, with support from affiliate newsrooms across the region. Funding for the Mountain West News Bureau is provided in part by the Corporation for Public Broadcasting and Eric and Wendy Schmidt.
