President Donald Trump issued an executive order on Tuesday aimed at undermining state climate laws, including California’s cap-and-trade program. The order directs Attorney General Pam Bondi to identify and halt the enforcement of state laws addressing climate change that the administration deems unconstitutional or preempted by federal law.
The order specifically targets California’s cap-and-trade program, a market-based system that sets limits on greenhouse gas emissions and allows companies to buy and sell credits. Trump criticized the program, claiming it imposes “impossible caps” on carbon use and forces businesses to pay large sums to trade credits. The order also targets similar programs in other states, such as New York and Vermont, which have created climate funds requiring fossil fuel companies to contribute to adaptation efforts.
Legal experts have raised concerns about the order, arguing that it oversteps constitutional boundaries. According to CalMatters, Margaret A. Coulter, a senior climate attorney with the Center for Biological Diversity, called the order an intimidation tactic. Amy Turner from the Sabin Center for Climate Change Law noted that the Constitution’s 10th Amendment grants states the authority to set their own rules in areas where the federal government has not acted.
The order comes as the Trump administration seeks to boost domestic oil and gas production while sidelining renewable energy efforts. The move has been met with criticism from Democratic governors and environmental advocates. California Governor Gavin Newsom described the order as a “glorified press release” and vowed that California’s efforts to cut pollution would not be derailed. New York Governor Kathy Hochul and New Mexico Governor Michelle Lujan Grisham, co-chairs of the U.S. Climate Alliance, stated that the federal government cannot strip states of their constitutional authority.
The executive order gives Bondi 60 days to compile a list of state climate laws and submit a report with recommendations for further action. As reported by the Los Angeles Times, the order could lead to litigation, lawmaking, or withholding of federal funds, potentially chilling local climate policy innovation. The oil and gas industry has welcomed the order, viewing it as a way to hold states accountable for what they see as unconstitutional efforts to penalize energy producers.
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