DOJ Sues Minnesota to Dismiss Oil Climate Suit

The U.S. Department of Justice filed a lawsuit Monday in federal court in Minneapolis against the state of Minnesota, seeking to dismiss a 2020 state court action accusing several oil companies and a trade group of misleading residents about climate change.

Minnesota Attorney General Keith Ellison sued ExxonMobil, Koch Industries, its subsidiary Flint Hills Resources, and the American Petroleum Institute in June 2020. The suit alleges the defendants violated state consumer protection laws through false statements about the causes and risks of climate change, including in advertising. It seeks disgorgement of profits from the alleged misconduct and funding for a public education campaign on the issue.

The Justice Department argues that Minnesota's lawsuit improperly intrudes on the federal government's exclusive authority to regulate greenhouse gas emissions, which have global impacts. Federal attorneys contend the state action effectively seeks to impose national energy policy preferences and is preempted by federal law. "Minnesota's attempt to impose a national regulation on global greenhouse gas emissions not only is preempted by federal law, but also undermines affordable and...