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American Focus > Blog > The White House > Protecting American Energy From State Overreach – The White House
The White House

Protecting American Energy From State Overreach – The White House

Last updated: April 9, 2025 2:16 pm
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Protecting American Energy From State Overreach – The White House
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By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1. Purpose

My Administration is dedicated to maximizing American energy potential, particularly by dismantling any illegitimate barriers that hinder the identification, development, deployment, investment, or utilization of domestic energy resources. This includes oil, natural gas, coal, hydropower, geothermal energy, biofuels, critical minerals, and nuclear energy. A dependable and economical domestic energy supply is crucial for both our national and economic security, as well as our foreign policy. To put it simply, when the U.S. leads in energy production, Americans thrive.

However, this energy dominance is jeopardized when state and local governments overstep their constitutional or statutory boundaries. For instance, when states impose significant obstacles against out-of-state energy producers, they not only hinder American energy but also violate the constitutional principle of equality among states. Furthermore, when states impose arbitrary or excessive penalties retroactively or attempt to control energy production on federal lands, it further complicates our energy landscape.

Numerous states have enacted—or are in the process of enacting—burdensome, ideologically-driven policies under the guise of “climate change” that jeopardize our energy leadership and, by extension, our economic security. Take New York, for example, which has introduced a “climate change” law that seeks to retroactively impose billions in fines on traditional energy producers for their supposed past contributions to greenhouse gas emissions, not just in New York but across the entire nation and beyond. Vermont follows suit with similar extortion tactics against energy producers based on global emissions.

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Other states have chosen more direct methods to dictate national energy policy. California’s approach involves punishing carbon usage by imposing unrealistic limits on emissions, essentially compelling businesses to spend substantial amounts to “trade” carbon credits—an exercise in futility for many. Some states deliberately delay the review of energy production permits, creating formidable barriers to entry in the energy market. Additionally, states have taken legal action against energy companies for alleged climate-related damages, which could lead to financially crippling outcomes.

Such state laws and policies not only undermine national security but also adversely affect American families by driving up energy costs nationwide, regardless of whether those families reside in states with these restrictive policies. These measures also contradict the principles of Federalism by imposing the regulatory agendas of a few states on the entire country. It is imperative that Americans can heat their homes, fuel their vehicles, and live without the anxiety of escalating energy prices that diminish their quality of life.

These state regulations attempt to influence interstate and international disputes regarding resources; they discriminate against out-of-state businesses; they contravene the constitutional equality of states; and they impose retroactive penalties without just cause. Such actions are fundamentally at odds with my Administration’s goal of unleashing American energy. They cannot be permitted to persist.

Sec. 2. State Laws and Causes of Action

(a) The Attorney General, in consultation with heads of relevant executive departments and agencies, shall identify all state and local laws, regulations, causes of action, policies, and practices (collectively, “State laws”) that impose burdens on the identification, development, deployment, production, or use of domestic energy resources, which may be unconstitutional, preempted by federal law, or otherwise unenforceable. Priority will be given to state laws that claim to address “climate change” or that relate to “environmental, social, and governance” initiatives, “environmental justice,” carbon emissions, and the collection of carbon penalties or taxes.

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(b) The Attorney General shall promptly take all necessary actions to halt the enforcement of state laws and civil actions identified in subsection (a) that are deemed illegal.

(c) Within 60 days of this order, the Attorney General shall report to the President, via the Counsel to the President, regarding the actions taken under subsection (b). The Attorney General will also recommend any additional Presidential or legislative measures necessary to cease the enforcement of state laws identified in subsection (a) that are found to be illegal or otherwise to fulfill the intent of this order.

Sec. 3. General Provisions

(a) Nothing in this order shall be construed to interfere with or affect:

(i) the authority granted by law to an executive department, agency, or its head; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented in accordance with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
April 8, 2025.

TAGGED:AmericanEnergyHouseOverreachProtectingStateWhite
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