Protecting American Energy From State Overreach

Executive Order 14260 of April 8, 2025

Protecting American Energy From State Overreach

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered:

Section 1. Purpose. My Administration is committed to
unleashing American energy, especially through the
removal of all illegitimate impediments to the
identification, development, siting, production,
investment in, or use of domestic energy resources--
particularly oil, natural gas, coal, hydropower,
geothermal, biofuel, critical mineral, and nuclear
energy resources. An affordable and reliable domestic
energy supply is essential to the national and economic
security of the United States, as well as our foreign
policy. Simply put, Americans are better off when the
United States is energy dominant.

American energy dominance is threatened when State and
local governments seek to regulate energy beyond their
constitutional or statutory authorities. For example,
when States target or discriminate against out-of-State
energy producers by imposing significant barriers to
interstate and international trade, American energy
suffers, and the equality of each State enshrined by
the Constitution is undermined. Similarly, when States
subject energy producers to arbitrary or excessive
fines through retroactive penalties or seek to control
energy development, siting, or production activities on
Federal land, American energy suffers.

Many States have enacted, or are in the process of
enacting, burdensome and ideologically motivated
“climate change” or energy policies that threaten
American energy dominance and our economic and national
security. New York, for example, enacted a “climate
change” extortion law that seeks to retroactively
impose billions in fines (erroneously labelled
“compensatory payments”) on traditional energy
producers for their purported past contributions to
greenhouse gas emissions not only in New York but also
anywhere in the United States and the world. Vermont
similarly extorts energy producers for alleged past
contributions to greenhouse gas emissions anywhere in
the United States or the globe.

Other States have taken different approaches in an
effort to dictate national energy policy. California,
for example, punishes carbon use by adopting impossible
caps on the amount of carbon businesses may use, all
but forcing businesses to pay large sums to “trade”
carbon credits to meet California's radical
requirements. Some States delay review of permit
applications to produce energy, creating de facto
barriers to entry in the energy market. States have
also sued energy companies for supposed “climate
change” harm under nuisance or other tort regimes that
could result in crippling damages.

These State laws and policies weaken our national
security and devastate Americans by driving up energy
costs for families coast-to-coast, despite some of
these families not living or voting in States with
these crippling policies. These laws and policies also
undermine Federalism by projecting the regulatory
preferences of a few States into all States. Americans
must be permitted to heat their homes, fuel their cars,
and have peace of mind--free from policies that make
energy more expensive and inevitably degrade quality of
life.

These State laws and policies try to dictate interstate
and international disputes over air, water, and natural
resources; unduly discriminate against

out-of-State businesses; contravene the equality of
States; and retroactively impose arbitrary and
excessive fines without legitimate justification.

These State laws and policies are fundamentally
irreconcilable with my Administration's objective to
unleash American energy. They should not stand.

Sec. 2. State Laws and Causes of Action. (a) The
Attorney General, in consultation with the heads of
appropriate executive departments and agencies, shall
identify all State and local laws, regulations, causes
of action, policies, and practices (collectively, State
laws) burdening the identification, development,
siting, production, or use of domestic energy resources
that are or may be unconstitutional, preempted by
Federal law, or otherwise unenforceable. The Attorney
General shall prioritize the identification of any such
State laws purporting to address “climate change” or
involving “environmental, social, and governance”
initiatives, “environmental justice,” carbon or
“greenhouse gas” emissions, and funds to collect
carbon penalties or carbon taxes.

    (b) The Attorney General shall expeditiously take
all appropriate action to stop the enforcement of State
laws and continuation of civil actions identified in
subsection (a) of this section that the Attorney
General determines to be illegal.
    (c) Within 60 days of the date of this order, the
Attorney General shall submit a report to the
President, through the Counsel to the President,
regarding actions taken under subsection (b) of this
section. The Attorney General shall also recommend any
additional Presidential or legislative action necessary
to stop the enforcement of State laws identified in
subsection (a) of this section that the Attorney
General determines to be illegal or otherwise fulfill
the purpose of this order.

Sec. 3. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the
head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.

    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    April 8, 2025.