DC Circuit Twice Says Democratic State AGs Can Fight Trump
Democratic state attorneys general scored two wins in D.C. Circuit Court in 24 hours allowing them to defend Obama-era health care and environment policies under threat from Republicans and the Trump administration.
August 02, 2017 at 05:01 PM
3 minute read
Democratic state attorneys general scored two wins in D.C. Circuit Court in 24 hours allowing them to defend Obama-era health care and environment policies under threat from Republicans and the Trump administration.
The federal appeals court approved a motion Wednesday from a coalition led by California Attorney General Xavier Becerra to intervene in a case against the U.S. Environmental Protection Agency to defend rules limiting ozone pollution levels. The same court Tuesday night allowed a group of 18 attorneys general to intervene in a case challenging payments to insurance companies under the Affordable Care Act.
“We are pleased that the court has granted, over the objections of the Trump administration, our request to participate in the case as a party to defend the health protections provided by the 2015 ozone standard,” a spokesman for Becerra said of the decision Wednesday in an email. “California and other states will not stand idly by and allow EPA to abandon its core mission to protect clean air and public health.”
Becerra's office was not immediately available for comment on the EPA case.
The intervenors in the EPA case include California, New York, Rhode Island, Vermont, Washington state, the District of Columbia and the Delaware Department of Natural Resources and Environmental Control. The health care case includes New York, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kentucky, Maryland, Massachusetts, Minnesota, New Mexico, North Carolina, Pennsylvania, Vermont, Virginia, Washington state and the District of Columbia.
Democratic AGs, largely united against the new administration, have turned to intervention in lawsuits as a strategy to defend Obama-era policies they fear President Donald Trump and Republicans will not. Democratic AGs, including Becerra, New York's Eric Schneiderman and Massachusetts' Maura Healey have also sought to intervene in a case over protections for student loan borrowers, and filed their own lawsuit on the subject against the U.S. Department of Education last month. States also moved to intervene on emission standards in March, though that case was dismissed.
While the court did not elaborate in its one-page order in the EPA case, the panel in the health care case noted that the AGs identified concrete injuries: An increase in insurance prices and a decrease in the number of insured individuals in their states. Those AGs will now face off with the majority-Republican U.S. House of Representatives in a case they filed against the government in 2014 over the Affordable Care Act's subsidy payments to insurers. Trump has threatened to end the payments.
In the EPA case, coal mining company Murray Energy Corp. and several Republican states sued the agency in 2016 over the rules. EPA administrator Scott Pruitt wrote a letter in June saying his agency would no longer defend the rules, though the case has been held in abeyance since April. The agency argued against allowing the states to intervene in court on the grounds that they could not intervene while the case was stalled, and because they do not have standing.
Related Articles:
|- State AGs Find Common Ground On Opioids, Telecom and Medicaid Issues
- Trump's DOJ Is 'Misleading' Court in Emoluments Suit, New Study Claims
- Becerra, Arguing EPA Inadequacy, Dives Into Energy Case
- LGBTQ Groups Threaten to Sue Trump Over Trans Military Ban
- Trump Administration Lines Up Against EEOC in LGBT Workplace Rights Case
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All6th Circuit Judges Spar Over Constitutionality of Ohio’s Ballot Initiative Procedures
Amazon, SpaceX Press Constitutional Challenges to NLRB at 5th Circuit
Will the 9th Circuit Still be Center Stage in Trump Policy Challenges?
11th Circuit Revives Project Veritas' Defamation Lawsuit Against CNN
Trending Stories
- 1Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 2Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 3NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 4A Meta DIG and Its Nvidia Implications
- 5Deception or Coercion? California Supreme Court Grants Review in Jailhouse Confession Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250