Washington, Oregon AGs join others in saying rule violates Clean Air Act

SACRAMENTO, Calif. — A coalition of 21 Democratic-led states sued the Trump administration Tuesday over its decision to ease restrictions on coal-fired power plants, with California’s governor saying the president is trying to rescue an outdated industry.

In June, the U.S. Environmental Protection Agency eliminated the agency’s Clean Power Plan and replaced it with a new rule that gives states more leeway in deciding upgrades for coal-fired power plants.

The lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit, says the new rule violates the federal Clean Air Act because it does not meaningfully replace power plants’ greenhouse gas emissions.

“They’re rolling things back to an age that no longer exists, trying to prop up the coal industry,” California Gov. Gavin Newsom said at a news conference. He said the lawsuit was not just about Trump but “our kids and grandkids” who would continue to be harmed by coal pollutants.

West Virginia Attorney General Patrick Morrisey, whose state produced the second most coal behind Wyoming in 2017, predicted the lawsuit will ultimately fail at the U.S. Supreme Court, which stayed an earlier Obama administration attempt in 2016 at the request of a competing 27-state coalition.

He called the lawsuit a “big government ‘power grab'” and argued that the Democratic attorneys general “are dead wrong” in their interpretation of the Clean Air Act.

The White House did not immediately respond to a request for comment. The U.S. EPA said in a statement that it wouldn’t comment on pending litigation, but that it “worked diligently to ensure we produced a solid rule that we believe will be upheld in the courts, unlike the previous administration’s Clean Power Plan.”

The lawsuit was filed by attorneys general in California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin and the District of Columbia.

“The science is indisputable; our climate is changing. Ice caps are melting. Sea levels are rising. Weather is becoming more and more extreme,” New York Attorney General Letitia James, who is leading the coalition, said in a statement. “Rather than staying the course with policies aimed at fixing the problem and protecting people’s health, safety, and the environment, the Trump Administration repealed the Clean Power Plan and replaced it with this ‘Dirty Power’ rule.”

The states were joined by six local governments: Boulder, Colo.; Chicago, Los Angeles, New York City, Philadelphia and South Miami, Fla.