The Scott Jennings Show

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Federal Judge Tosses Michigan’s Climate Lawsuit

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“Last May, we filed a complaint against Michigan to prevent it from suing energy companies for climate change under state law theories that are preempted by federal law,” said Principal Deputy Assistant Attorney General Adam Gustafson of ENRD. “After we filed our complaint, Michigan pivoted to the novel antitrust claims that the court dismissed yesterday. We are pleased that the district court has rejected another aggressively anti-energy lawsuit, and we are committed to protecting American energy from this sort of state overreach.”

The dismissed lawsuits follow similar dismissals nationwide, including in Delaware, New York, South Carolina, and Puerto Rico. 

“Antitrust law protects competition and thereby consumers; it is not a tool to advance societal goals unrelated to competition,” said Deputy Assistant Attorney General G. Charles Beller of the Antitrust Division. “The court’s dismissal of Michigan’s novel antitrust claims reiterates the bedrock principle that State plaintiffs, like other private parties, must establish antitrust standing. This standing doctrine ensures that the relief provided to private parties is appropriately tailored to redress harms to competition. On behalf of the American people, we are proud to have worked with ENRD to protect and defend the proper application of federal law.”