ATTORNEY GENERAL MARK HERRING
TOTAL ACTIONS: 18

Updated August 20, 2018

AUGUST 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 2018

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]


MAY 2018

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. ]


May 2, 2018
Filed Comments Challenging Proposed Rollbacks of Penalties for Fuel Economy Violations
Thirteen attorneys general submitted comments to the National Highway Traffic Safety Administration (NHTSA) over a proposal to cut by over 60 percent the penalty to automakers for violating national fuel economy standards. The AGs argued that NHTSA has no authority to reduce the penalty, and that the rollback is "arbitrary and capricious," and will undermine national fuel economy standards by slashing the penalties that incentivize automakers to comply with them.
[ Comments |13 AGs: California; Delaware; Illinois; Iowa; Maryland; Massachusetts; New Jersey; New York; Oregon; Vermont; Virginia; Washington; and Washington, D.C.]


May 1, 2018
Sued EPA for Proposal to Roll Back Vehicle Emissions Standards
18 attorneys general filed a lawsuit against the Environmental Protection Agency (EPA) for beginning the process of rolling back critical vehicle emissions standards that help to ensure clean air. The lawsuit seeks to set aside and hold unlawful EPA's effort to weaken national clean car standards by tossing out greenhouse gas emissions standards for model year 2022-2025 vehicles.
[Release | Lawsuit | 18 AGs: California; Connecticut; Delaware; Illinois; Iowa; Maine; Maryland; Massachusetts; Minnesota; New Jersey; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Virginia; Washington; and Washington, D.C.]

APRIL 2018

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.
[ReleaseComments | 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.]


April 3, 2018
Vowed to Oppose Vehicle Emissions Standards Rollback in Declaration with Mayors
State attorneys general were joined by mayors nationwide today in releasing a declaration vowing to challenge the Environmental Protection Agency's (EPA) latest rollback -- national clean car standards -- in order to protect the environment and their residents from unhealthy air. The declaration from more than 50 cities and over 25 states makes clear their opposition to the rollback of a federal rule that sets targets for an increasingly clean, efficient and high-performance vehicle fleet through model year 2025.
[Release | Declaration | 12 AGs: Connecticut; Delaware; Illinois; Iowa; Maine; Maryland; Massachusetts; New Mexico; New York; Oregon; Virginia; Washington, D.C.]


MARCH 2018

March 9, 2018
Urged Congress to Fund EPA, Strip Anti-Environment Riders from Budget
New York Attorney General Eric Schneiderman led a coalition of 14 attorneys general in sending a letter to congressional leaders urging them "to ensure that funding for the Environmental Protection Agency  is maintained at least at its FY 2017 levels, that EPA’s vital core and specific programs receive necessary continued funding, and that all anti-environmental riders that would prohibit, de-fund or otherwise amend key health and environmental protection policies of the Agency are omitted from the spending measure." 
[Comments 14 AGs: California; Delaware; Illinois; Iowa; Maine; Maryland; Massachusetts; New Jersey; New York; Oregon; Rhode Island; Vermont; Virginia; 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]


March 8, 2018
Filed Comments with Interior Outlining How Offshore Drilling Could Harm Virginia
Virginia Attorney General Mark Herring "submitted official public comments to the Bureau of Ocean Energy Management expressing his opposition to the Trump Administration's plan to expand drilling off the coast of Virginia and other states on the Atlantic seaboard. Citing the risks to coastal communities, economies, environments, and military assets, Attorney General Herring says 'the potential risks are too great and the potential benefits too small to continue with the development of this Program.'"
[Release | Comments | Virginia]


FEBRUARY 2018

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 2018

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]


DECEMBER 2017

December 20, 2017
Wrote Letter to Congress Opposing Steep EPA Budget Cuts, Anti-Environment Riders 
Twelve attorneys general, led by New York Attorney General Eric Schneiderman, sent a letter to congressional leaders opposing steep cuts in the EPA's Fiscal Year 2018 budget. The House-passed budget bill cuts EPA's funding by $650 million, while the Senate-passed legislation calls for a $150 million decrease. Both would give the Agency its smallest operating budget in more than 30 years.
[Release Letter to Congress 12 AGs: California; Illinois; Iowa; Maine; Maryland; Massachusetts; New York; Oregon; Rhode Island; Vermont; Virginia; Washington, D.C.]


NOVEMBER 2017

November 2, 2017
Requested EPA Hearing on Clean Power Plan Repeal in Their States
Attorneys general sent a letter to EPA Administrator Scott Pruitt requesting a hearing in their states.
[Letters to EPA | AGs: Maine, Maryland, Massachusetts, New York, Oregon, Virginia]


AUGUST 2017

August 31, 2017
Called on EPA Administrator Pruitt to Retract Erroneous And Inappropriate Clean Power Plan Guidance 
"New York Attorney General Eric T. Schneiderman led a coalition of 20 states and localities in urging the retraction of the Environmental Protection Agency’s 'legally incorrect' guidance to States regarding Clean Power Plan implementation -- which was not just legally erroneous, but also flies in the face of Administrator Scott Pruitt’s subsequent agreement to recuse himself from the Clean Power Plan litigation given his conflicts of interest."
[Release | Letter to EPA | 14 AGs: California; Delaware; Illinois; Iowa; Maine; Maryland; Massachusetts; New Mexico; New York; Oregon; Rhode Island; Virginia; Washington; Washington, D.C.]


JUNE 2017
 
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.]

APRIL 2017

April 26, 2017
Opposed Bill Delaying EPA Protections for Ozone Air Quality Standards 
Attorneys general urged "Congress to protect critical ozone air quality standards. In letters to the chairmen and ranking members of the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce, the coalition detailed its opposition to the Ozone Standards Implementation Act of 2017 (S. 263 / H.R. 806) which would delay the ozone rule promulgated by the Environmental Protection Agency in 2015. That rule is expected to result in vital public health benefits."
[Release | Letter to Congress | 16 AGs: California; Connecticut; Delaware; Iowa; Illinois; Maryland; Massachusetts; New Mexico; New York; Oregon; Pennsylvania; Rhode Island; Virginia; Vermont; Washington; Washington, D.C.


April 5, 2017
Opposed EPA's Efforts To Stall Clean Power Plan Case 
In the D.C. Court of Appeals, attorneys general "filed opposition to the Trump administration’s request to delay court proceedings regarding the Clean Power Plan...after President Trump signed an executive order directing the EPA to review the Clean Power Plan and decide whether to 'suspend, rescind, or revise' it...EPA filed a motion asking the court to hold the litigation in abeyance while the Agency reconsiders the rule."
[Release | Opposition to Motion to Hold Proceeding in Abeyance |18 AGs: California; Connecticut; Deleware; Hawai'i; Illinois; Iowa; Maine; Maryland; Massachusetts; Minnesota; New Mexico; New York; Oregon; Rhode Island; Vermont; Virginia; Washington; Washington, D.C.]


FEBRUARY 2017

February 28, 2017
Urged Rep. Lamar Smith to End Congressional Interference with States' Exxon Investigation
Attorneys general "urged Rep. Lamar Smith, Chairman of the House Committee on Science, Space and Technology, to withdraw subpoenas sent to the Attorneys General of Massachusetts and New York, and to end the committee’s inquiry into investigations being conducted by the states of Massachusetts and New York into possible securities and consumer protection law violations by the ExxonMobil Corporation."
[Release | Letter to Congressman Lamar Smith | 15 AGs: California; Connecticut; Delaware; Illinois; Kentucky; Maine; Maryland; Mississippi; Oregon; Pennsylvania; Rhode Island; Virginia; Vermont; Washington; Washington, D.C.]