Alabama is spearheading a coalition of 12 Republican-led states in a federal lawsuit against five Democrat-run states, alleging the latter are trying to coerce the former into complying with strict climate-conscious policies that could imperil their residents' access to affordable energy. The filing was made at the U.S.
Marshall said the crux of the matter is essentially that defendant states are crafting climate policies that will have an undue effect on Alabama and its fellow plaintiff states. 'I think one of the things that is so most objectionable is the fact they are using common law claims, plus the statutory Deceptive Trade Practices Act claims, as a vehicle to engage in climate policy,' he said.
The legal complaint reads in part: 'Defendant States want a global carbon tax on the traditional energy industry' … 'In their view, a small gas station in rural Alabama could owe damages to the people of Minnesota simply for selling a gallon of gas.' The complaint cited API v. Minnesota, a case brought against energy firms for alleged harm caused by their contributions to global warming, among other things.
Asked about what plaintiff states' resources might be if New Jersey, California and the others are permitted to continue crafting policy with alleged wider-reaching effects than statutorily permitted, Kobach said Kansas, for example, has limited recourse. 'The second course of action would be seek legislation in Congress, preempting what the defendant states have done, but that is a difficult process,' he said.