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WA leads lawsuit over Trump order fast-tracking energy projects without review

Nick Brown
Nick Brown running for Washington Attorney General Nick Brown was the U.S. Attorney for the Western District of Washington from Oct. 2021 to June 2023. (KIRO 7 News)

Fifteen states led by Washington filed a federal lawsuit Friday challenging a executive order by President Donald Trump that fast-tracks energy infrastructure projects by bypassing environmental review, according to court documents.

The lawsuit, filed in U.S. District Court in Seattle, argues that the emergency declaration issued by Trump on January 20, 2025, unlawfully invokes the National Emergencies Act to label energy infrastructure as a national emergency.

The order directs federal agencies — including the Army Corps of Engineers and the Advisory Council on Historic Preservation — to expedite permits and skip long-established environmental protections for energy-related projects.

In the complaint, Washington Attorney General Nick Brown and attorneys general from 14 other states contend that Trump’s order sidesteps key legal requirements under the Clean Water Act, Endangered Species Act, National Environmental Policy Act, and National Historic Preservation Act.

These laws require extensive environmental reviews and public input before permits can be issued for construction that affects wetlands, wildlife habitat, waterways, or cultural landmarks.

“There is no actual energy emergency,” the complaint states, noting that U.S. energy production is at an all-time high and that the country has been a net energy exporter since 2019.

The states argue that the order’s claim of grid unreliability and energy shortages is unsupported and contradicts data showing record oil and gas production.

The executive order, titled EO 14156 and published in the Federal Register on January 20, directs agencies to use emergency permitting procedures — usually reserved for disasters like floods or oil spills — to authorize energy infrastructure projects. The lawsuit claims that using these emergency rules for non-emergencies violates federal law.

The suit names President Trump, Army Secretary Daniel Driscoll, Army Corps Commander Lt. Gen. William Graham, and officials from the Advisory Council on Historic Preservation among the defendants.

Washington’s lawsuit seeks a court declaration that the executive order is unlawful and an injunction blocking agencies from fast-tracking permits under the order’s direction.

The plaintiffs include the states of California, Arizona, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Wisconsin, and the District of Columbia.

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