21 states sue over new coal rules
Easing of power plant restrictions planned
SACRAMENTO, Calif. — A coalition of 21 Democratic-led states sued the Trump administration Tuesday over its decision to ease restrictions on coalfired power plants, with California’s governor saying the president is trying to rescue an outdated industry.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 U.S. EPA and White House issued similar statements saying they expect the new version to survive the court challenge, unlike the Obama-era rules.
“Unlike the previous administration, which crafted a far-reaching, burdensome, and unlawful rule that would have raised energy costs on hardworking American families, the Trump Administration’s Affordable Clean Energy (ACE) Rule responsibly protects our clean air, reduces greenhouse gases, protects jobs, and keeps costs affordable,” White House spokesman Judd Deere said.
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.