Florida Files to Block ‘Unconstitutional Energy Overreach’ by California

Florida filed comments to the U.S. Department of Justice to block an “unconstitutional energy overreach” by California. In the filing, Florida identifies several California laws and policies that allegedly attempt to commandeer national energy policy in violation of the Constitution and federal law.




Attorney General James Uthmeier announced that Florida submitted the comments in response to its request for information on state laws that harm interstate commerce and the national economy.

Florida’s comments argue these policies unlawfully interfere with interstate commerce, contravene federal statutes such as the Clean Air Act, and undermine the balance of powers between state and federal governments.

“California does not have the authority to dictate America’s energy future,” said Attorney General James Uthmeier. “Florida is urging the Department of Justice to put an end to these unlawful policies that drive up consumer costs, destroy American jobs, and weaken national security. Only then can our nation achieve the energy dominance President Trump has called for.”

According to Florida’s submission, California has allegedly enacted or proposed:

• Emissions-disclosure mandates that unlawfully reach beyond California’s borders and impose costly compliance burdens on businesses nationwide;
• State and municipal litigation seeking billions in retroactive damages for lawful energy production, contrary to federal law;
• Attempts to ban internal-combustion (gas-powered) vehicles and heavy-duty trucks despite Congress’ repeal of California’s waiver under the Clean Air Act; and
• A proposed “climate superfund” that would retroactively penalize traditional-fuel producers in violation of constitutional protections.

The Florida AG is calling on the Department of Justice to take action against California’s overreach to ensure that states cannot impose extraterritorial regulations and that national energy policy remains within federal control.

A copy of the comments can be viewed online.