On April 8, President Trump issued an executive order (EO) directing Attorney General Pam Bondi, in coordination with relevant federal agencies, to identify state and local laws, regulations and policies that the administration deems unconstitutional, unenforceable or preempted by federal law, particularly those affecting domestic energy production. The order specifically instructs the attorney general to prioritize state measures addressing climate change, environmental, social and governance (ESG) initiatives and carbon taxes. The EO specifically highlighted Vermont and New York’s superfund laws, along with California’s cap and trade program.

Within 60 days, the attorney general must report to the president on actions taken to halt the enforcement of such state laws, signaling a federal effort to challenge state-level climate and energy regulations viewed as obstacles to national energy policy. The EO does not directly prohibit any state or local laws, but it signals that the U.S. Department of Justice may attempt to sue states, or the White House may move to withhold federal funds for certain states and localities. NAW will continue to monitor these developments and provide updates as developments occur.