State attorneys general have gotten more powerful in recent years, increasing their political capital by teaming up to fight national policies.
Now, 10 states are preparing to elect new attack dogs who could thwart the incoming president’s political agenda — including when it comes to climate change, write Lesley Clark and Niina H. Farah.
If Vice President Kamala Harris wins the election, GOP lawyers are sure to continue their crusade against Biden-era policies to cut planet-warming pollution from cars and power plants, among other climate-focused actions. If former President Donald Trump retakes the White House, Democratic attorneys general will pick up where they left off at the end of his first term, trying to stop his planned rollbacks of environmental regulations. State attorneys general in both parties have a successful track record.
Republican attorneys general have won nearly 76 percent of their lawsuits against the Biden administration, while Democrats prevailed in 83 percent of their cases against Trump, according to data compiled by Paul Nolette, director of Marquette University’s Les Aspin Center for Government.
Attorney general races are on the ballot next week in West Virginia, Oregon, Montana, Pennsylvania, Indiana, Washington, Missouri, Vermont, Utah and North Carolina. Many of those states are expected to welcome a new leader in the attorney general’s office — including in West Virginia, where frequent Environmental Protection Agency antagonist Patrick Morrisey is running for governor.
One race worth watching is in Pennsylvania, which is shaping up to be one of the most competitive. Former Democratic state Auditor General Eugene DePasquale and Republican York County District Attorney Dave Sunday are running to replace Democratic incumbent Michelle Henry. Pennsylvania became a focal point for climate liability litigation when Bucks County sued the fossil fuel industry earlier this year for the effects of climate change. But the attorney general race has largely focused on crime and other issues.
Sunday has virtually no record on climate or environmental issues. DePasquale’s environmental credentials, on the other hand, are long, including serving three years as deputy secretary of the state Department of Environmental Protection. As auditor, he launched an investigation into whether the state was adequately protecting its environmental resources in the wake of the shale gas boom.
For the full rundown on climate and energy issues dominating attorney general elections in certain states, check out Lesley and Niina’s breakdown.
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