Has Trump met his match in California’s attorney general?
The state has filed dozens of lawsuits challenging Trump policies and initiatives. Here’s a list of many of the most important legal steps Atty. Gen. Xavier Becerra has taken, often in conjunction with other states.
ENVIRONMENT AND PUBLIC LANDS
Energy efficiency standards The lawsuit, brought by California’s attorney general and eight other state attorneys general, challenged the Department of Energy’s delay in issuing its conservation standard for ceiling fans.
Result: The Department of Energy reversed itself and let the standard go into effect in September 2017.
Winner: California
Conf licts of interest
California made 32 separate requests under the Freedom of Information Act for documents related to possible conflicts of interest for then-Environmental Protection Agency Administrator Scott Pruitt, and sued when the EPA withheld the documents. Result: The EPA produced the documents nine months after the lawsuit was filed. Winner: California
Taxpayer royalties for oil, coal and gas
California and New Mexico sued to stop Interior Secretary Ryan Zinke from repealing Obamaera regulations on the royalties that oil, coal and gas companies pay for production on federal lands. At stake in the repeal is a portion of the $82.5 million received by California in royalties and the $470 million received by New Mexico per year. Result: Case is pending.
Coal leasing on public land The lawsuit challenges Interior’s decision to restart coal leasing on public lands while cutting short an environmental review of the program.
Result: Case is pending.
Energy-eff iciency standards California joined with eight other states to force the Department of Energy to publish energy standards for portable air conditioners and four other products.
Result: In February, a federal judge ordered the Energy Department to put the standards into effect.
Winner: California
Waste Prevention Rule California joined with 15 other states to force Interior to implement a rule limiting the release of methane from oil and gas operations on public and tribal lands.
Result: Case is pending.
Ozone-reduction standards California joined with several other states to force the EPA to impose clean air standards, which the EPA wanted to delay for a year.
Result: A federal judged ordered the standards to go into effect in April. Winner: California
Scott Pruitt
California sued the EPA after the agency failed to produce the required documents detailed in a Freedom of Information Act request filed in April 2017. Result: The EPA released more than 24,000 pages of documents requested by another Freedom of Information Act lawsuit brought by the Sierra Club. Winner: California
Transportation fuel-eff iciency standards
California blocked an attempt by the National Highway Traffic Safety Administration to delay penalties for automakers who fail to meet fuel-efficiency standards. Result: In April, a federal judge ordered the standards to be put into effect immediately. Winner: California
Greenhouse gas emissions on highways
California joined seven other states to force the Federal Highway Administration to implement rules setting standards for greenhouse gas emissions on highways. Result: Trump administration announced it would issue the standards a week after the lawsuit was filed. Winner: California
Fracking regulations California sued to challenge the Bureau of Land Management’s repeal of regulations governing fracking on federal and Native American tribal lands.
Result: Case is pending.
Suspension of the Clean Water Rule California joined 10 other states to block the EPA from delaying a 2015 clean water regulation covering rivers and streams and shrinking the definition of waterways subject to the rule. The change would have heightened impact in California. Result: Case is pending.
Air pollution policy repeal
California sued to block the EPA from repealing the 1995 “once in, always in” rule, which requires air polluters such as oil refineries and chemical plants to take action to permanently reduce emissions. Rescinding the rule would allow polluters to game government regulations, the state says.
Result: Case is pending.
National vehicle emission standards
California led a coalition of 17 states and the District of Columbia to block the EPA from scrapping the nation’s single vehicle emission standard, which is set to go into effect in 2022. Result: Case is pending.
Pesticide safety California sued to prevent the EPA from suspending the Worker Protection Standard, which requires safety training for agricultural workers handling dangerous pesticides.
Result: The EPA backed down two weeks after the lawsuit was filed, announcing it would implement the standard after all.
Winner: California
Air pollution from landf ills
California led eight other states in a lawsuit to force the EPA to enforce limits of the greenhouse gas methane at landfills under a 2016 rule. Landfills are the third-largest source of methane. Result: Case is pending.
HEALTHCARE
Affordable Care Act California led a coalition of 19 states to protect cost-sharing reduction reimbursements to insurers that the Trump administration ended.
Result: Case is pending.
Access to affordable birth control
California led a court attack against a Trump administration policy allowing employers to refuse to cover birth control. Result: Preliminary injunction is granted to block the Trump policy. The case is now in appeals court.
Texas, et al.
California, with 15 other states, fights a Texas lawsuit that aims to invalidate the Affordable Care Act. California stepped in to defend the law after the Trump administration withdrew and claimed that the ACA is unconstitutional. Result: Case is pending, but California was allowed to join the suit.
IMMIGRATION AND CIVIL RIGHTS
Muslim travel ban California fought Trump’s Muslim travel ban in several courts and at several judicial levels, including via a “friend of the court” brief in support of a lawsuit by the state of Hawaii aimed at stopping the travel ban. Result: The Supreme Court, in a 5-4 ruling, upheld the travel ban on June 26. Winner: Trump administration
Immigration enforcement practices California filed a Freedom of Information Act request with the Department of Homeland Security for details on an array of immigration enforcement practices. It sued to force DHS to provide the documents.
Result: Case is pending.
Sanctuary jurisdictions
California sued to block administration efforts to require state and local immigration enforcement as a condition of receiving federal grants for law enforcement.
Result: Case is pending.
DACA
California sued the Trump administration over its decision to end the Deferred Action for Childhood Arrivals program and obtained an injunction blocking the move.
Result: A federal judge granted a temporary injunction; case is pending.
The U.S.-Mexico border wall
California sued to challenge construction of a border wall in San Diego and Imperial counties. Result: A judge ruled the projects can proceed. California is appealing the decision.
2020 Census
California sued to challenge the Trump administration’s attempt to add a question about U.S. citizenship. Result: Case is pending, though a New York federal judge has cleared that state’s lawsuit to move ahead.
Child separation at the U.S. border California filed suit as part of a coalition of 18 attorneys general challenging the separation of families at the U.S. border.
Result: A California judge ordered all families to be reunited within 30 days in response to a separate lawsuit filed by the American Civil Liberties Union. The states’ case is pending.
EDUCATION AND CONSUMER PROTECTIONS
Borrower Defense Rule
California filed a motion to defend the loan-forgiveness process for students defrauded by their schools after the Department of Education announced plans to overhaul the rule. The department eventually cut back forgiveness. Result: Case is pending.
Net neutrality
California filed suit against the Federal Communications Commission challenging its attempt to repeal net neutrality rules. Result: Petition to block FCC action was rejected, state Legislature is moving to impose statewide net neutrality rules. Winner: California