Two US west coast states are gearing up for potential legal action to defend their environmental and energy policies ahead of the return of former president Donald Trump to the White House.
The attorneys general of California and Washington said they will spend the months ahead working to shield their states against actions by the incoming administration. Both said they have been looking ahead to the possibility of a fight this year as polling showed a Trump return as a likely outcome.
"We know to take Trump at his word when he says he will roll back environmental protections," California attorney general Rob Bonta (D) said on 7 November.
Washington and California have both put into place measures to reduce greenhouse gas emissions to meet their respective climate goals, including cap-and-trade programs, clean fuel regulations and vehicle electrification incentives and emission standards that could be affected directly and indirectly by the incoming administration.
Trump is likely to seek the reversal of major environmental regulations, as he did during his first term. Trump on Monday said he will nominate former US representative Lee Zeldin (R-New York) to run the US Environmental Protection Agency (EPA), with plans to pursue a deregulatory agenda in line with campaign promises. The president-elect also has promised to cut back clean energy incentives, such as tax credits established by the Inflation Reduction Act, and he has expressed a dim view of electric and hydrogen-fueled vehicles.
The easiest action by the new administration could come through changes in or the elimination of federal funds and the revocation of EPA waivers for California clean car standards.
Washington and California filed or joined more than 100 lawsuits combined against the first Trump administration and now look to place themselves in a similar position.
California governor Gavin Newsom (D) is readying the state to resume its mantle as a defender of US climate action by supporting the state Department of Justice in "Trump-proofing" California.
Newsom last week called for a 2 December special session to pass legislation to bolster the agency and other government offices to defend state policies and oppose the incoming administration's actions.
That announcement drew criticism from Trump.
"He is using the term "Trump-Proof" as a way of stopping all of the GREAT things that can be done to 'Make California Great Again', but I just overwhelmingly won the Election", he said 8 November in a post on Truth Social.
Washington is also preparing to fight Trump, as long-time state attorney general Bob Ferguson (D) moves into the governor's seat in January, following his election win last week. Ferguson will be succeeded by attorney general-elect Nick Brown (D).
While both California and Washington officials say they have a good idea of the actions the new administration is likely to take, Ferguson acknowledged that some factors that helped states with legal wins four years ago may not be on the table this go-around.
"They were often sloppy in the way they rolled out their executive actions, for example," he said on 7 November.
The Trump administration is unlikely to repeat those errors and will be helped by the new makeup of the US Supreme Court and other federal courts, according to Ferguson.
"That will present a challenge for us as well," he said.
