On May 9, 2025, fifteen democratic states (“Plaintiff States”) sued the Trump Administration in Washington District Court, claiming that President Trump’s executive order “Declaring a National Energy Emergency” (“Executive Order”) is unlawful. The Plaintiff States argue that the Executive Order commands federal agencies to disregard the law and applicable regulations to fast-track activities that will damage waters, wetlands, endangered species, and the people and wildlife that rely on these resources.

President Trump signed the Executive Order on his first day in office, invoking the National Emergencies Act (“NEA”) to direct heads of executive departments and federal agencies to issue permits and other approvals for energy-related projects on an expedited and emergency basis, with a particular focus on oil and gas projects (see January 22, 2025 edition of the WER).

The Plaintiff States argue that President Trump abused his power under the NEA by declaring an emergency when there is not one. The Executive Order seeks to address a purported shortage in energy supplies and strengthen the “unreliable” power grid. The Plaintiff States note, however, that domestic oil and gas production are at an all-time high and that the grid is “resilient.” The Plaintiff States also explain that they support taking appropriate action to ensure a reliable grid that provides all Americans with affordable energy, but the proper avenues for such action are existing regulatory proceedings with input from technical experts. The Plaintiff States also argue that agency procedures and environmental laws, including the Clean Water Act, Endangered Species Act, and National Environmental Policy Act do not allow for “emergency” action.

The Plaintiff States explain that they have proprietary interests in their natural resources that are inherently harmed when emergency procedures are invoked to expedite permit approvals. They also argue that expedited action taken under the directive of the Executive Order violates state sovereign interests, including state permitting processes, and quasi-sovereign interests, including protecting freshwater and saltwater bodies for recreation and health.

The Plaintiff States request that the Executive Order be declared unlawful; that implementing agencies’ actions under the Executive Order be declared arbitrary and capricious, not in accordance with law, and exceeding statutory authority; and that implementing agencies be permanently enjoined from issuing permits/authorizations and taking actions on an emergency basis under the directive of the Executive Order.

A copy of the Executive Order can be found here, and the Complaint can be found here.