National law should set climate liability to avoid conflicting local standards

A position that national rules should govern climate liability to prevent incompatible local legal standards.

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Former Homeland Security Secretary Kristi Noem invoked a 1996 federal immigration law to waive environmental protection and historical preservation compliance for physical border barrier construction in the Big Bend Sector

U.S. District Judge Kathleen Cardone issued a preliminary injunction blocking border wall construction in the Big Bend Sector, ruling that Homeland Security secretaries Kristi Noem and Markwayne Mullin exceeded their legal authority in issuing environmental-law waivers

Homeland Security Secretary Markwayne Mullin, appointed after Kristi Noem's dismissal earlier in 2026, issued two additional legal waivers beyond Kristi Noem's earlier waiver permitting Customs and Border Protection to build barrier systems in Texas's Big Bend Sector

Governor Abigail Spanberger also demanded protections against customer disconnections and increased clean energy investments as conditions for supporting the NextEra-Dominion merger.

Pipeline capacity constraints in the Northeast contributed to petroleum briefly surpassing natural gas as New England's leading source of electricity generation during Winter Storm Fern in January 2026

Energy Secretary Chris Wright stated on October 19, 2026, that expanding natural gas supply through the Constitution Pipeline is intended to lower regional energy costs and prevent electricity blackouts

Energy Secretary Chris Wright stated on October 19, 2026, that the Trump administration hopes construction on the Constitution Pipeline begins next spring to enter service by the winter of 2028

The Department of Energy announced on October 19, 2026, that the Trump administration will provide up to $42 million under Title III of the Defense Production Act to support pre-construction, environmental, and permitting activities for the Constitution Pipeline

Constitution Pipeline Co. asked the Federal Energy Regulatory Commission in December 2025 to reissue the federal certificate it had received in 2014 following renewed interest from infrastructure company Williams Companies

President Donald Trump issued a presidential determination in April 2026 invoking the Defense Production Act to support domestic natural gas infrastructure amid permitting delays and pipeline bottlenecks

The Constitution Pipeline received federal approval in 2014, but New York regulators denied a required water-quality certification in 2016, leading developers to abandon the project in 2020

Ken Lovett, senior communications adviser on energy and environment for New York Governor Kathy Hochul, criticized the Department of Energy's $42 million Constitution Pipeline funding announcement on October 19, 2026, calling it a political ploy

Ken Lovett stated on October 19, 2026, that President Donald Trump's policies have driven up home energy costs while Governor Kathy Hochul remains focused on an all-of-the-above energy strategy

The U.S. Energy Information Administration forecasts that heating oil prices will average 34% higher in winter 2026 than the prior winter, increasing household heating expenses by about 21%

Lawsuits and opposition statements filed by environmental advocates argue that commercial deep-sea mining off American Samoa will pollute local ocean waters, destroy benthic habitats, and harm island communities

Marine Minerals Administration Director Mike Olsen stated that the Marine Minerals Administration must balance national security goals with environmental stewardship and engagement with American Samoa leadership

Oceana Defense Campaign Manager Julia Singer warned that the November 19 deep-sea mining lease sale off American Samoa opens ocean habitats to exploitation while ignoring opposition from scientists and local Pacific leaders

Environmental groups Faʻasao Amerika Samoa and Conservation Council for Hawaii, represented by Earthjustice, filed an August 2026 lawsuit in Hawaii federal court challenging BOEM's plan for an ocean mining lease sale off American Samoa

Arizona officials warned the federal government that further reductions in Lake Mead's water levels could trigger a lawsuit over Colorado River Compact violations.

An Interior Department spokesperson rejected Arizona Governor Katie Hobbs's position as wrong and asserted that the department would operate in good faith.