Join the movement to end censorship by Big Tech. StopBitBurning.com needs donations and support.
Federal judge tosses Michigan’s antitrust suit accusing Big Oil of blocking green energy
By isabelle // 2026-10-09
Mastodon
    Parler
     Gab
 
  • A federal judge dismissed Michigan Attorney General Dana Nessel’s antitrust lawsuit against four oil companies and a trade group.
  • U.S. District Judge Jane Beckering found the alleged conspiracy too remote from higher energy bills to prove harm.
  • The Justice Department praised the ruling and urged states to rethink using lawsuits to drive climate policy.
  • Chevron’s lawyers at Gibson Dunn say they won by arguing that Michigan lacked antitrust standing.
  • Commentator Vijay Jayaraj of the CO2 Coalition argues Michigan sued the very industry that powers its economy.
A federal judge threw out Michigan Attorney General Dana Nessel’s novel antitrust lawsuit against BP, Chevron, Exxon Mobil, Shell and the American Petroleum Institute, ruling the state lacked antitrust standing to pursue claims that the companies conspired to suppress renewable energy and inflate energy bills for Michigan families.

Judge finds alleged conspiracy too remote from higher energy bills

U.S. District Judge Jane M. Beckering in western Michigan wrote that Michigan had plausibly alleged the companies stifled renewable energy, but that antitrust law protects against none of the injuries the state claimed except energy overcharges. She found the alleged conspiracy too remote from those overcharges to have caused them. Chevron’s attorneys say the entire case was dismissed on antitrust-standing grounds, without oral arguments. The Justice Department, which had filed a statement of interest in the case, praised the ruling. Associate Attorney General Stanley E. Woodward Jr. said the decision should prompt states to reconsider using lawsuits to accomplish climate policy goals. “Antitrust law protects competition and thereby consumers; it is not a tool to advance societal goals unrelated to competition,” said Deputy Assistant Attorney General G. Charles Beller of the Antitrust Division.

Critic says the suit rested on an alternate energy history

Vijay Jayaraj of the CO2 Coalition argued in a Town Hall commentary that Nessel’s complaint asked the court to picture a world in which wind, solar and electric vehicles had displaced fossil fuels long ago and energy was cheaper as a result. He contends the theory overlooks that gasoline carries roughly 40 times more energy per kilogram than today’s lithium-ion batteries, a gap rooted in chemistry rather than collusion. Principal Deputy Assistant Attorney General Adam Gustafson of the Energy and Natural Resources Division noted his office had already sued Michigan in May 2025, arguing federal law preempts state climate claims against energy companies. Beckering dismissed that suit in January as not ripe for review. Michigan pivoted to antitrust claims afterward, which were also rejected. The state sought triple damages and civil penalties, counting among its losses higher insurance costs, lower home values and its own climate-related spending, beyond energy bills.

Chevron’s lawyers say a standing-first strategy won the dismissal

The law firm Gibson Dunn, which represents Chevron, says it devised the strategy of leading the defendants’ joint motion with the argument that Michigan lacked antitrust standing. A Chevron attorney called such climate suits baseless, however plaintiffs recast them. Gibson Dunn describes Michigan’s case as the first major antitrust-based climate suit brought by a state attorney general. Judges have rejected similar climate lawsuits in other states, including Delaware, Maryland and New Jersey, Reuters reported. Nessel’s office has said it disagrees with the ruling.

Critic says Michigan sued the industry that fueled its economy

Jayaraj argues the case fits a broader pattern of climate suits against energy producers, including those filed by Honolulu and California, although those are liability cases rather than antitrust actions. More than 80% of the world’s primary energy still comes from fossil fuels, according to the Energy Institute, a dependence he says underpins modern prosperity. Michigan, the cradle of the American auto industry, has run on gasoline and diesel for generations, from its assembly lines to its freight trucks to its state fuel-tax revenue. “Civilized legal systems demand clear causation, identifiable harm, and a remedy proportionate to the conduct. Climate litigation tries to bypass those requirements through fake moral outrage,” Jayaraj wrote. Jayaraj says governments unable to persuade voters to accept pricier energy should not turn to the courts to impose it. With Nessel herself saying Michigan faces an energy affordability crisis, the dismissal raises a fair question: whether state resources are better spent lowering costs for families than litigating over a century of energy history. Sources for this article include: WattsUpWithThat.com Justice.gov GibsonDunn.com
Mastodon
    Parler
     Gab