NY and 21 Other States Sue Trump's EPA Over 'Do-Nothing' Environmental Rule
Trump's plan will "keep the oldest and dirtiest of coal plants in the country on life support," Mary Nichols, chair of the California Air Resources Board, said Tuesday.
August 14, 2019 at 08:59 AM
3 minute read
The original version of this story was published on The Recorder
Twenty-two states including California and New York on Tuesday sued to block a Trump administration plan to roll back carbon pollution limits on fossil fuel-dependent power plants.
The petition asks the U.S. Court of Appeals for the D.C. Circuit to review the U.S. Environmental Protection Agency’s plan, published in the Federal Register in July, to repeal the Obama-era Clean Power Plan and replace it with what critics contend is a more business-friendly proposal.
The challengers include Connecticut, Pennsylvania, New Jersey and six cities. They allege the Trump administration rule violates the federal Clean Air Act by weakening pollution standards, restricting the EPA’s regulatory authority and barring states from participating in cap-and-trade programs.
The Affordable Clean Energy rule will “keep the oldest and dirtiest of coal plants in the country on life support,” Mary Nichols, chair of the California Air Resources Board, said at a press conference in Sacramento on Tuesday.
In issuing the rule in June, the EPA called the 2015 Clean Power Plan “overreaching” and said the new proposal “restores the rule of law and empowers states to continue to reduce emissions while providing affordable and reliable energy for all Americans.”
Andrew Wheeler, the EPA administrator and a former Faegre Baker Daniels lobbyist for energy companies, said in June the Trump plan “gives states the regulatory certainty they need to continue to reduce emissions.”
But critics say Trump’s rule threatens regional pacts on reducing carbon pollution from power plants, including a 10-state program in the northeast that cut greenhouse gas emissions by half between 2015 and 2017, participants say.
New York Attorney General Letitia James called the Trump administration’s plan an “unlawful, do-nothing rule.”
“My office, and this groundbreaking coalition of states and cities from across the nation, will fight back … in order to protect our future from catastrophic climate change,” James said in a statement.
Democrat-led states have regularly turned to the courts during the Trump administration to stop attempts to ease environmental regulations established by President Obama.
In many cases, including some confronting environmental rules, the Trump administration has faced setbacks. “It turns out that unraveling Barack Obama’s environmental agenda is harder than it looks,” The Washington Post reported last year in a spotlight on regulatory cases.
Massachusetts Attorney General Maura Healey on Monday announced legal action to block U.S. Fish and Wildlife Service proposals to roll back provisions in the Endangered Species Act. Earlier this month, Becerra, James and 11 other states challenged a federal rule that would weaken penalties on carmakers that fail to meet certain fuel economy standards.
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
© 2025 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 AllFederal Judge Pauses Trump Funding Freeze as Democratic AGs Plan Suit
4 minute readRelaxing Penalties on Discovery Noncompliance Allows Criminal Cases to Get Decided on Merit
5 minute readBipartisan Lawmakers to Hochul Urge Greater Student Loan Forgiveness for Public-Interest Lawyers
Trending Stories
- 1Uber Files RICO Suit Against Plaintiff-Side Firms Alleging Fraudulent Injury Claims
- 2The Law Firm Disrupted: Scrutinizing the Elephant More Than the Mouse
- 3Inherent Diminished Value Damages Unavailable to 3rd-Party Claimants, Court Says
- 4Pa. Defense Firm Sued by Client Over Ex-Eagles Player's $43.5M Med Mal Win
- 5Losses Mount at Morris Manning, but Departing Ex-Chair Stays Bullish About His Old Firm's Future
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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