The Trump administration has taken a significant step towards rolling back state-level climate policies, including Washington state’s Climate Commitment Act, with the signing of an executive order.
What’s at Stake
- Washington state’s Climate Commitment Act, which requires emitters to reduce their carbon footprint or purchase “allowances” via a cap-and-trade program, set a limit on emissions from the state’s largest polluters.
- Other state laws and policies addressing climate change or environmental justice, carbon or greenhouse gas emissions, and funds to collect carbon penalties or carbon taxes.
The executive order directs attorneys general to take action against these state laws and policies, and provides funding to collect carbon penalties or carbon taxes.
The CCA: A Successful Program
- Generating billions in revenue since its inception.
- Only 11% of the funds directly supports emissions-reducing projects, with the rest supporting climate resilience, public health programs, and infrastructure planning.
The program has been successful in generating revenue, but critics argue that more could be done to reduce emissions.
The Administration’s Justification
The White House claims that the executive order targets these state laws and policies because they “burden the use of domestic energy resources and are unconstitutional, preempted by federal law, or otherwise unenforceable.”
Reactions from Washington Officials
- Gov. Bob Ferguson believes the executive order has “enough teeth” to impact the state’s CCA, despite the lack of clarity on the issue.
- The Washington Department of Transportation is working with federal and state partners to seek clarification on the implications and next steps of federal funding actions.
- The Department of Ecology did not respond to The Center Square’s request for comment.
Legal Challenges Ahead
Washington officials may argue that the state has the authority to regulate emissions for public health, citing federal laws such as the Clean Air Act.
“Greenhouse gases endanger public health and are subject to regulation under the Clean Air Act,” ruled the 2007 Supreme Court decision Massachusetts v. EPA.
A History of State-Environmental Administration Battles
- Washington fought emissions rollbacks during the first Trump administration when Ferguson was state attorney general.
- Washington helped defend California’s right to set stricter vehicle emission standards in 2024.
A Statement from the U.S. Climate Alliance
New York Governor Kathy Hochul and New Mexico Governor Michelle Lujan Grisham, co-chairs of the U.S. Climate Alliance, issued a joint statement defending states’ rights to regulate emissions.
“We will keep advancing solutions to the climate crisis that safeguard Americans’ fundamental right to clean air and water, create good-paying jobs, grow the clean energy economy, and make our future healthier and safer,” they said.
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