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The U.S. Department of Justice cites a Michigan Capitol Confidential story three times in its lawsuit against state leaders over their targeting of energy producers.
Attorney General Dana Nessel announced in 2024 that she plans to use three out-of-state law firms — Sher Edling LLP, DiCello Levitt LLP and Hausfeld LLP — to sue oil and gas companies for allegedly contributing to climate change. CapCon broke this news in October.
The Justice Department has responded with a complaint alleging that Attorney General Nessel’s legal campaign exceeds constitutional limits and ignores federal supremacy. The Justice Department’s suit refers to our October story in its introduction as well as in its allegations and claims for relief. This is the first time a CapCon story has helped trigger a federal lawsuit.
The 22-page suit names the attorney general and Gov. Gretchen Whitmer as defendants.
Michigan signed 17 attorneys to act as special assistant attorneys general. They must win or settle to get paid.
CapCon began covering this effort as soon as the state requested proposals from trial lawyers in May 2024.
A year later, other media outlets started reporting this news, though the state has yet to file a lawsuit against oil and gas companies.
If that lawsuit succeeds, the energy companies will likely pass settlement fees onto consumers and employees, said Jason Hayes, director of energy and environmental policy at the Mackinac Center for Public Policy.
Michiganders already pay some of the highest electricity costs in the nation.
CapCon consists of two writers, two editors and our graphics team. But we regularly scoop The Detroit News, Detroit Free Press and MLive — news outlets with more than 60 writers — thanks to your donations and story tips. This year, we’ve written more than 60 exclusive stories and have filed more than 100 public records requests.
Your donations help us to obtain public records, break news and dig into stories that other outlets won’t touch.
While other outlets copy and paste press releases written by politicians, CapCon provides exclusive reporting that you won’t read anywhere else. And we bring the receipts.
