ATTORNEY GENERAL JOSH STEIN
TOTAL ACTIONS: 14
Updated August 8, 2018
August 2, 2018
Announced intention to file suit against the EPA, DOT over Car Emissions Standards
A coalition of 20 Attorneys General announced that they were prepared to fight the Trump Administration’s proposal to revoke California’s waiver under the Clean Air Act, which allows the State to set its own emissions standard for greenhouse gas emissions. The AGs announced that they are also prepared for a legal battle over the Administration’s proposal to weaken emissions standards for passenger cars and light trucks for model years 2021 through 2026.
12 States and the District of Columbia have adopted the emissions standards set by California, which is the only State that is able to set its own standard under federal law. AGs from all 12 States and the District of Columbia joined the coalition.
[Statement | 20 AGs: Massachusetts, Connecticut, Delaware, Hawai’i, Illinois, Iowa, Maine, Maryland, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and the District of Columbia]
July 26, 2018
Filed Amicus Brief Challenging Appellate Court Ruling on HFC Prohibition
A coalition of 18 Attorneys General filed an amicus brief asking the Supreme Court to overturn a divided U.S. District Court of Appeals for the D.C. Circuit in Mexichem Flour vs. EPA (2017). Relying on a strained reading of the Clean Air Act, a divided lower court ruled that EPA does not have the authority to phase out the use of hydroflourocarbons (HFCs) in air conditioning and refrigerants, even though HFCs are potent greenhouse gases (“air pollutants” under the Clean Air Act) that contribute significantly to climate change.
In their brief, the AGs advanced a compelling argument that the lower court erred in its reading of Section 612 of the Clean Air Act. They joined with environmental and industry petitioners in requesting Supreme Court review.
[Amicus Brief | 18 AGs: Massachusetts; Connecticut; Delaware; Hawai’i; Illinois; Iowa; Maine; Maryland; Minnesota; New Jersey; New York; North Carolina; Oregon; Pennsylvania; Vermont; Virginia; Washington; and the District of Columbia]
July 19, 2018
Filed Suit Against EPA Over Glider Truck Rule
*Update: On July 26, 2018 EPA Acting Administrator Andrew Wheeler withdrew the rule at the heart of this suit, representing a major win for the Attorneys General in this case (See memo: “Conditional No Action Assurance Regarding Small Manufacturers of Glider Vehicles”).
A coalition of 16 Attorneys General filed a lawsuit against the EPA for the Agency’s suspension of its 2016 Glider Truck Rule. In its press release announcing the suite, California Attorney General Xavier Becerra said that EPA’s decision is dangerous to human health and the environment. “The EPA itself has estimated that adding 10,000 gliders with non-compliant engines onto our roads in a single year could result in up to 1,600 premature deaths, 415,000 tons of additional nitrogen oxide emissions, and 6,800 tons of additional particulate matter emissions over the lifetime of those trucks. We look forward to making our case in court and to holding the EPA accountable for its blatant violation of our laws.”
[Release | Petition for Review | 16 AGs: California; Delaware; Illinois; Maine; Maryland; Minnesota; New Jersey; New Mexico; New York; North Carolina; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; and the District of Columbia]
July 13, 2018
Submitted a Letter Demanding Immediate Withdrawal of EPAs Glider Truck Rule
A coalition of 13 Attorneys General submitted a letter critical of EPA’s new guidance on its “Glider Rule” limiting the number of new, extremely high polluting trucks allowed per year. The AGs’ letter demands that Acting Administrator, Andrew Wheeler revoke EPA’s “de facto suspension” of the Glider Rule, a decision the AGs write is “clearly unlawful.”
The coalition argued that EPA’s decision would have a dramatic and detrimental impact on the environment and public health based on the Agency’s own data. The States also announced that “absent quick action on your part to withdraw or stay EPA’s de facto suspension, the States are prepared to take action in court.”
[Letter | 13 AGs: California; Connecticut; Illinois; Maine; Maryland; Massachusetts; New Jersey; New York; North Carolina; Oregon; Pennsylvania; Vermont; and Washington]
May 9, 2018
Opposed FirstEnergy Emergency Order
Ten Attorneys General in filed comments with the Department of Energy (DOE) warning Secretary Rick Perry that he cannot invoke emergency powers under the Federal Power Act (FPA) to prop up failing power plants. FirstEnergy Solutions has asked DOE to declare a grid "emergency" under Section 202(c) of the FPA, based on anticipated retirements of non-competitive power plants in the region. FirstEnergy's requested order would "undermine competitive regional power markets, burden customers with excessive costs, undercut state energy laws and policies, and exacerbate pollution and public health harms," said the AGs in their comments.
[ Release | Comments | 10 AGs: Connecticut; Illinois; Maryland; Massachusetts; North Carolina; Oregon; Rhode Island; Virginia; Washington; and Washington, D.C. ]
April 26, 2018
Filed Comments to Defend the Clean Power Plan
Nineteen attorneys general filed comments with the EPA to defend the Clean Power Plan (CPP) and oppose the "unlawful and unsupported" repeal proposed by EPA Administrator Scott Pruitt. "EPA's proposed repeal of the Clean Power Plan is contrary to the Clean Air Act and arbitrary and capricious. To propose to repeal the Plan-without having first put in place a replacement rule that requires equivalent or greater pollution reductions-is nothing less than an abdication of EPA's duty to protect public health and welfare from what it has recognized to be the nation's most urgent environmental threat," wrote the attorneys general.
[Release | Comments | 19 AGs: California; Connecticut; Delaware; Hawai'i; Illinois; Iowa; Maine; Maryland; Massachusetts; North Carolina; New Mexico; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Virginia; Washington; and Washington, D.C.]
March 9, 2018
Opposed Offshore Drilling Plans in Comments Filed with Interior
Maryland Attorney General Brian Frosh led a coalition of 12 state attorneys general in filing comments with the Department of the Interior expressing strong opposition to plans to expand drilling off the Atlantic and Pacific Coasts and in the Gulf of Mexico. "The Secretary of the Interior should defer to our opposition to drilling in areas off our states' coasts, and should exclude all such areas from any new or revised [Outer Continental Shelf] leasing program. Indeed, failure to do so would be inconsistent with the Outer Continental Shelf Lands Act…and the Department of Interior's past practice of not imposing offshore drilling over state opposition."
[ Release | Comments | 12 AGs: California; Connecticut; Maine; Maryland; Massachusetts; New Jersey; New York; North Carolina; Oregon; Rhode Island; Virginia; Washington]
February 27, 2018
Responded To EPA's “Advance Notice” Of Rule To Possibly Replace Clean Power Plan
New York Attorney General Eric Schneiderman led 18 attorneys general in filing comments opposing the "Environmental Protection Agency’s Advance Notice of Proposed Rulemaking ('Advance Notice') on a 'potential' replacement to the Clean Power Plan."
[Release | Comments | 18 AGs: California; Connecticut; Hawaii; Illinois; Iowa; Maine; Maryland; Massachusetts; New Mexico; New York; North Carolina; Oregon; Pennsylvania; Rhode Island; Vermont; Virginia; Washington; Washington, D.C.]
February 1, 2018
Urged Secretary Zinke to Terminate Offshore Drilling Plans
A coalition of 12 attorneys general, led by North Carolina Attorney General Josh Stein, sent a letter to Department of the Interior Secretary Ryan Zinke urging him to terminate Interior's plan in the Draft Proposed Program to expand offshore drilling.
[Release | Letter | 12 AGs: California; Connecticut; Delaware; Maine; Maryland; Massachusetts; New Jersey; New York; North Carolina; Oregon; Rhode Island; Virginia]
January 30, 2018
Opposed Ditching Drilling Safety Protections Established After Deepwater Horizon Disaster
Six state attorneys general, led by Maryland Attorney General Brian Frosh, filed comments opposing the Department of the Interior's proposal to scrap safety measures implemented for offshore oil and gas production in the wake of the 2010 Deepwater Horizon explosion off the Gulf Coast.
[Release | Comments to Interior | 6 AGs: Maine; Maryland; Massachusetts; New York; North Carolina; Virginia]
January 10, 2018
Pushed FERC to Ensure Tax Cuts Benefit Customers, Not Utilities
Massachusetts Attorney General Maura Healey led a bipartisan coalition of 12 state attorneys general in calling on the Federal Energy Regulatory Commission to ensure customers, not utility companies, benefit from recently enacted federal tax cuts.
[Release | Letter | 12 AGs: California; Connecticut; Illinois; Kentucky; Maryland; Massachusetts; Nevada; New York; North Carolina; Rhode Island; Texas; Virginia]
January 5, 2018
Sought to Slam Brakes on EPA Rollback of Truck Rule
California Attorney General Xavier Becerra led 12 attorneys general in opposing the EPA's attempt to repeal a key rule that limits the amount of emissions permitted from trucks known as "gliders." These trucks have a new body but a refurbished engine. The 2016 Glider Rule holds these trucks to the same emissions standards new trucks must meet. EPA Administrator Scott Pruitt announced he would seek to repeal the Glider Rule, reportedly after meeting “with the manufacturer that stands to benefit most from the rule’s repeal."
[Release | Comments | 12 AGs: California; Connecticut; Illinois; Maryland; Massachusetts; New Mexico; New York; North Carolina; Oregon; Pennsylvania; Vermont; and Washington]
October 23, 2017
AGs Oppose Bailout Plan For Coal-Burning Power Plants
Attorneys general submitted comments opposing the Department of Energy's proposal to subsidize nuclear and coal power plants.
[Release | Comments to FERC (NY only); Comments to FERC |11 AGs: California; Connecticut; Illinois; Maryland; Massachusetts; North Carolina; New York; Oregon; Rhode Island; Vermont; Washington]
July 21, 2017
Opposed First Step in Plan to Permit Offshore Drilling off Atlantic Coast
Attorneys general "submitted comments opposing the National Marine Fisheries Service’s (NMFS) proposal to conduct deep penetration surveys in the Atlantic Ocean. In the letter submitted today, the attorneys general point out that the surveys pose a significant risk to the coastline, the environment, and to marine life."
[Release |Letter to NMFS | 9 AGs: Connecticut; Delaware; Maryland; Massachusetts; North Carolina; New York; Pennsylvania; Rhode Island; Washington, D.C.]
June 6, 2017
Joined National "We Are Still In" Pledge To Maintain Commitments To Paris Climate Agreement
Attorneys general declared they are still committed to the goals outlined in the Paris Climate Accord after President Trump announced the United States would pull out of the agreement.
[Release | Pledge | 19 AGs: California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, D.C.]