Wyoming is declaring it’s fed up with having to live with the fallout of California’s energy policies.
On Thursday, Gov. Mark Gordon announced Wyoming has joined a 19-state lawsuit led by Alabama asking the U.S. Supreme Court to declare the energy policies of five Democratic-majority states, including California, unconstitutional.
The lawsuit claims that California, Connecticut, Minnesota, New Jersey and Rhode Island have brought unprecedented litigation against the nation’s most vital energy companies over climate change, demanding billions of dollars in damages and reparations.
It also argues that traditional fossil fuels are essential for American prosperity and that federalism states no more power should be given to any state than any other.
“Wyoming’s core industries are under attack, not only from the federal government, but from other states that depend on the resources that we produce,” Gordon said in a statement on Thursday. “We will defend our industries in the courts and guard against other states' attempts to set national energy policy outside the boundaries of their own state.”
Gordon said although he respects each state’s right to self-determination, he can’t cast a blind eye when other states are taking actions he believes could dictate policy for Wyoming.
“Our Constitution prohibits that very notion,” he said.
Blue State Efforts
The five blue states have brought various claims over the last six years, suing fossil fuel companies in an effort to make them take responsibility for climate change.
In 2023, California announced it was suing ExxonMobil, Shell, Chevron, ConocoPhillips, BP and the American Petroleum Institute for allegedly deceiving the public about the effects fossil fuels have on the environment.
Similarly in 2020, Minnesota sued ExxonMobil, the American Petroleum Institute and three Koch Industries entities for allegedly deceiving and defrauding Minnesotans about climate change-related dangers associated with their products.
The new filing says these efforts amount to an effort to enact a global carbon tax on the country’s legacy energy industries in response to climate change.
"On their view, a small gas station in rural Alabama could owe money to the people of Minnesota simply for selling a gallon of gas,” the filing reads.
Alaska, Florida, Georgia, Idaho, Iowa, Kansas, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia are also participating with Wyoming in the new lawsuit.
It will be up to the Supreme Court to decide if it wants to hear the case.
The lawsuit is not unique. In 2022, 17 states challenged California’s authority to implement climate change–related vehicle emission standards and zero-emissions goals, which had been backed by the Environmental Protection Agency at the time.
In April, Wyoming also joined another Alabama-led lawsuit filed with the Supreme Court asking the court to review a lawsuit filed by the City and County of Honolulu, Hawaii, which also seeks to impose billions of dollars in penalties on the energy industry.
Honolulu claims the companies deceived consumers about the emissions created by everyday products like gas. The Supreme Court has yet to rule on the request to hear that case.
Gordon And Climate Change
Some may be surprised that Gordon has entered Wyoming into these lawsuits given comments he made in late 2023 at Harvard University, where he said the Cowboy State should become carbon negative to urgently fight climate change.
The Wyoming Republican Party issued a “no confidence” vote vote against Gordon shortly after.
Thursday’s press release strikes a different tone, expressing skepticism that climate change is a crisis.
Gordon has also clarified his carbon negative stance in that he wants Wyoming to improve its energy technology to make environmental improvements without having to reduce any production.
He has consistently espoused an all-of-the-above energy platform, advocating for an equal commitment to traditional fossil fuels and alternative energies.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
