California Joins in Lawsuit over Trump’s “National Energy Emergency”
California is joining a coalition of 14 states in challenging President Donald Trump’s executive order on “Declaring a National Energy Emergency.” In the lawsuit, filed on May 9, 2025, the states are seeking to block the implementation of the order and prevent the expedited permitting process. The states argue that the fast-track permitting process illegally bypasses regulatory and environmental reviews of fossil fuel projects.
The states argue that Trump unlawfully declared a national energy emergency under the authority of the National Emergencies Act. The act, they argue, is reserved for disaster prevention and recovery. “The invocation of the Nation’s emergency authorities, however, is reserved for actual emergencies—not changes in Presidential policy,” the complaint states. The states also allege that the order and the implementation of the order by federal agencies violate the Administrative Procedure Act.
The expedited reviews will result in “damage to waters, wetlands, critical habitat, historic and cultural resources, endangered species, and the people and wildlife that rely on these precious resources,” the complaint states. “The shortcuts inherent in rushing through emergency processes fundamentally undermine the rights of States.”
“Declaring a National Energy Emergency”
Trump’s executive order “Declaring a National Emergency” was one of three executive orders and a memorandum to redirect U.S. energy policy toward a prioritization of deregulation in the fossil fuel sector and away from support for renewable energy.
The “National Emergency” order gives agencies the authority to expedite fossil fuel projects by removing environmental and regulatory restrictions, including reviews under the Clean Water Act, the Endangered Species Act, and the Historic National Preservation Act. The directives expedite fossil fuel projects, but the order excludes solar and wind power production from its definition of “energy.”
The suit was filed by the Democratic attorneys general of Arizona California, Connecticut, Illinois, Massachusetts, Maine, Maryland, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
Earlier in May, California joined a coalition of 16 states and Washington, D.C. in challenging Trump’s executive order directing the Federal Highway Administration to withhold funds to build electric vehicle (EV) charging stations.