On April 8, 2025, President Trump issued Executive Order 14260, entitled “Protecting American Energy from State Overreach,” which directs the U.S. attorney general to work with department and agency heads to “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 is then directed to “expeditiously take all appropriate action to stop the enforcement of State laws that the Attorney General determines to be illegal.” In particular, the attorney general is to “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.” A report from the attorney general on recommended executive and legislative actions is due in 60 days.
While the executive order directs the attorney general's office to review state and local climate laws, it does not in itself directly challenge, prohibit, argue preempted, or enjoin any state or local law.