ATTORNEY GENERAL BOB FERGUSON
TOTAL ACTIONS: 52

Updated August 8, 2018

AUGUST 2018

August 3,2018
Submitted Comments to EPA on Risk Evaluations for Toxic Substances
A coalition of 11 Attorneys General submitted comments to the EPA strongly critical of the Agency’s proposed framework for the evaluation of the risk posed by toxic chemicals like asbestos to public health and the environment. The AGs argue in their comments that the EPA’s new proposal is counter to the intended purpose of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which was signed into law just two years ago on June 22, 2016. The Lautenberg Act was passed as an amendment to the Toxic Substances Control Act (TSCA).

The AGs contend that Congress amended TSCA in a clear attempt to remove obstacles that had prevented the EPA from playing “a more robust role in protecting public health and the environment,” and that the Agency’s attempt to ignore known uses of toxic chemicals represents an “unlawfully restrictive application of TSCA.” The AGs argue that this can only result in “deeply flawed risk evaluations” that “make it impossible for EPA to fulfill its statutory mandate.” 
[Comments | 11 AGs: Massachusetts, California, Hawai’i, Maine, Maryland, New Jersey, New York, Oregon, Vermont, Washington and the District of Columbia]


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]


July 25, 2018
Submitted Comments to FERC arguing for Stronger Economic, Environmental Reviews for New Pipelines
A coalition of 8 Attorneys General led by Massachusetts AG Maura Healey filed comments with FERC asking for a stronger review process for new natural gas pipelines, raising concerns that FERC’s decision-making process is too narrowly focused on the concerns of industry. The AG’s comments recommended probing the relationship between utilities and gas pipeline proponents, evaluating regional energy needs and a more comprehensive environmental analyses including the evaluation of potential climate impacts. FERC has approved 180 billion cubic feet of new interstate natural gas pipeline construction per day in the 18-year period between 1999 and 2017, a total that the AGs noted “exceeds current national peak demand.”

NY AG Barbara Underwood adopted the MA-led coalition comments and filed separate comments noting that FERC often finishes its approval process too quickly, overriding New York’s ability to complete its own assessment of the environment impacts of new pipelines, and harming the State’s policy priorities with regard to clean energy.
[Joint Comments | NY Comments | 8 AGs: Massachusetts; Illinois; Maryland; New Jersey; Rhode Island; Washington; New York; 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]


JUNE 2018

June 27, 2018
Filed Amicus Brief Objecting to Removal of Independent Scientists from Advisory Committees
A coalition of 9 Attorneys General filed an amicus brief in support of the plaintiffs in Physicians for Social Responsibility, et al. v. E. Scott Pruitt objecting to the removal of independent scientists from EPA’s Science Advisory Board. The AGs noted that EPA’s new directive “Strengthening and Improving Membership on EPA Advisory Committees” used the pretense of potential conflicts of interest to force scientists receiving EPA funding for academic research to resign their advisory board positions, “despite the lack of any documented ethical problems” and decades of EPA precedent.

The AGs noted that EPA’s directive does not apply to industry-funded or industry-employed members of the Science Advisory Board, including members that represent private interests well within the scope of EPA’s regulatory authority. As a result of the directive, industry affiliated members now comprise 70 percent of the Science Advisory Board, up from 40 percent previously.
[Amicus Brief | 9 AGs: Washington; California; Illinois; Iowa; Maryland; Massachusetts; New Jersey; New York; and Oregon]

June 26, 2018
Petitioned for Review of EPA’s HFC Rule
A coalition of 11 Attorneys General filed a petition requesting the U.S. Court of Appeals for the D.C. Circuit to review the EPA’s industry guidance on hydroflourocarbons (HFCs), a potent greenhouse gas. The AGs are challenging EPA’s action entitled “Protection of Stratospheric Ozone: Notification of Guidance and a Stakeholder Meeting Concerning the Significant New Alternatives Policy (SNAP) Program,” seeking a determination by the court pursuant to section 307(d)(9) of the Clean Air Act, 42 U.S.C. 7607(d)(9).

The petition calls EPA’s guidance “unlawful,” and demonstrates the commitment of States to protect the landmark environmental protections established by the Clean Air Act.
[Petition | 11 AGs: New York; California; Delaware; Illinois; Massachusetts; Minnesota; New Jersey; Oregon; Vermont; Washington; and the District of Columbia.]

MAY 2018

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 Calling for Recusal of EPA Administrator from CPP
Ten attorneys general as well as six municipalities filed a supplemental comment letter "on the lack of due process and fairness resulting from Administrator Scott Pruitt's prejudgment of the outcome of the rulemaking to repeal the Clean Power Plan  and the procedural failure of Environmental Protection Agency to disqualify Administrator Pruitt from all aspects of this rulemaking given his closed mind."
[Release | Comments | 10 AGs: California; Delaware; Illinois; Maine; Maryland; Massachusetts; New Mexico; Oregon; 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.
[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 5, 2018
Sued EPA For Failing to Control Methane Pollution
New York Attorney General Eric  Schneiderman and 14 other attorneys general "filed a lawsuit against the Trump administration for ignoring its legal duty to control emissions of methane – an extremely potent greenhouse gas – from existing oil and gas operations. Specifically, the suit charges that the Environmental Protection Agency (EPA) Administrator Scott Pruitt has violated the federal Clean Air Act by 'unreasonably delaying' its mandatory obligation under the Act to control methane emissions from these operations."
[Release | Complaint | 15 AGs: California; Connecticut; Illinois; Iowa; Maine; Maryland; Massachusetts; New Mexico; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; Washington, D.C.]


MARCH 2018

March 23, 2018
Fought Rollback of the Clean Water Act in Major Coal Ash Case
Maryland Attorney General Brian Frosh is leading a coalition of four states in fighting efforts to roll back the federal government’s obligation to ensure clean water under the Clean Water Act (CWA). In an amicus brief filed last night in Tennessee Clean Water Network v. Tennessee Valley Authority, the attorneys general expressed support for the lower court’s decision, which found that the Tennessee Valley Authority (TVA) violated the CWA and exposed residents and the environment to toxic substances in coal ash – a byproduct of burning coal – that include chromium, arsenic, lead, aluminum, boron, iron, sulfate, selenium and manganese.
[Release | Amicus brief | 4 AGs: California; Maryland; Massachusetts; Washington]


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 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 6, 2018
Sued EPA and Army Corps of Engineers to Block "Unlawful" Delay of Clean Water Rule
In U.S. District Court, Southern District of New York, New York Attorney Genera Eric Schneiderman led a group of 11 attorneys general in suing the Environmental Protection Agency (EPA) for suspending for two years the Clean Water Rule. The attorneys general argue the EPA ignored scientific evidence and a multi-year comment process and changed the definition of "waters of the United States." 
[Release Complaint 11 AGs: California; Connecticut; Maryland; Massachusetts; New Jersey; New York; Oregon; Rhode Island; Vermont; Washington; and Washington, D.C.]


February 5, 2018
Threatened to Sue If Washington Not Removed From Offshore Drilling Plan
Washington Attorney General Bob Ferguson "sent a letter to Interior Secretary Ryan Zinke opposing President Donald Trump’s proposal to allow oil and gas drilling off Washington’s coast and asking that Washington be exempted. If Washington is not removed from the plan, Ferguson warns Zinke he will file a lawsuit."[Release | Letter | Washington]


JANUARY 2018

January 31, 2018
Filed Amicus Brief to Restore Air Pollution Funds to Federal Harley-Davidson Settlement 
In U.S. District Court, District of Columbia, a coalition of 11 attorneys general "filed an amicus brief opposing the elimination of $3 million in funding for clean air projects from a proposed settlement between the federal government and Harley-Davidson. The proposed settlement between the U.S. Department of Justice (DOJ) and Harley-Davidson stems from a complaint filed by the DOJ on behalf of the U.S. Environmental Protection Agency (EPA) arguing that Harley-Davidson manufactured and sold 'tuners' that once installed, caused motorcycles to emit excess amounts of certain harmful air pollutants, including hydrocarbons and nitrogen oxides."
[ReleaseAmicus brief | 11 AGs: Illinois; Iowa; Maine; Maryland; Massachusetts; New York; Oregon; Rhode Island; Vermont; Washington; Washington, D.C.]


January 31, 2018
Sued FERC for Records Related to Proposal to Bail Out Coal and Nuclear Companies
In U.S. District Court, Western District of Washington (Seattle), Washington Attorney General Bob Ferguson sued FERC for nuclear and coal records under the Freedom of Information Act. "In light of the long periods of time in 2017 during which FERC failed to have a quorum of commissioners, failed to have a public meeting, and/or considered very significant changes to American energy markets, Washingtonians (and all Americans) deserve to know what was happening at FERC, especially among those few Commissioners who remained at the Commission."
[Complaint | Washington]


January 9, 2018
Called on Scott Pruitt to be Recused from Clean Power Plan Repeal Process
EPA's "failure to disqualify" Administrator Scott Pruitt from the Clean Power Plan repeal process has "irreparably tainted" the rulemaking because he "prejudged" the outcome prior to and during his tenure leading the Agency, resulting in a "lack of due process and fairness," argued California Attorney General Xavier Becerra, along with 12 other attorneys general and six municipalities, in comments filed today. Therefore, EPA "must withdraw the proposed repeal," or "any resulting rule will be invalid."
[Release Comments | 13 AGs: California; Delaware; Hawaii; Illinois; Maine; Maryland; Massachusetts; New Mexico; New York; Oregon; Vermont; and Washington; and Washington, D.C.]


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]


DECEMBER 2017

December 12, 2017
Opposed Dept. of Justice's Harley Davidson Consent Decree Lacking Mitigation
Attorneys general say the proposed Consent Decree does not satisfy the applicable standard for entry of a consent decrees and does not serve the public interest.
[Notice of Intent to File Amicus Brief | 9 AGs: Iowa; Maine; Maryland; Massachusetts; New York; Oregon; Rhode Island; Vermont; Washington]


December 5, 2017
Sued EPA For Flouting Clean Air Requirements 
In District Court, Northern District of California, attorneys general sued EPA "for failing to meet the Clean Air Act’s statutory deadline for designating areas of the country impacted by unhealthy levels of ground-level ozone (commonly referred to as smog)...With this suit, the coalition makes good on its pledge to sue the EPA if it failed to meet this key statutory and public health requirement." 
[Release Complaint | 15 AGs: California; Connecticut; Illinois; Iowa; Maine; Maryland; Massachusetts; Minnesota; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; Washington, D.C.]


NOVEMBER 2017

November 22, 2017
Opposed Fee Hikes at Most Popular National Parks
Attorneys general filed comments opposing the National Park Service’s (NPS) proposal "to dramatically increase entrance fees at 17 national parks...Under the proposal, the per vehicle entrance fee during the five-month peak season would increase to $70 from $25 or $30. Motorcycle, bicycle and pedestrian entrance fees would also increase by double or more." 
[Release |Comments to National Park Service | 11 AGs: Arizona; California; Maine; Maryland; Massachusetts; New Mexico; New York; Oregon; Rhode Island; Washington; Washington, D.C.]  


November 6, 2017
Call On Trump Administration To Enforce Important Nationwide Greenhouse Gas Measure 
Attorneys general "called on the Federal Highway Administration (FHWA) to keep in place and enforce the Greenhouse Gas Performance Measure. The Measure went into effect on September 28, 2017. It requires all states to track on-road greenhouse gas emissions, to set locally-appropriate performance targets, and to ensure consistency in data collection. In their letter to the FHWA, the attorneys general underscore that eliminating the Measure would be arbitrary and capricious."
[Release Letter to Transportation Secretary Chao| 6 AGs: California; Maryland; Massachusetts; Oregon; Vermont; Washington]


OCTOBER 2017

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]


October 5, 2017
Pledged Lawsuit Against EPA For Ignoring Key Clean Air Deadline 
Attorneys general filed a notice of intent to sue the EPA "for failing to meet the Clean Air Act’s statutory deadline for designating areas of the country impacted by unhealthy levels of ground-level ozone (known as smog)...The designation of areas with unhealthy smog levels plays a key role under the Clean Air Act in addressing the pollutant’s severe harms to public health, triggering requirements for state-specific plans and deadlines to reduce pollution in the designated areas."
[Release |Notice of Intent to Sue | 14 AGs: California; Connecticut; Illinois; Iowa; Maine; Massachusetts; Minnesota; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; Washington, D.C.]


SEPTEMBER 2017

September 28, 2017
Filed Amicus Brief Seeking Rehearing of Court Decision that Overturned EPA Phase-Out of Hydrofluorocarbons
In D.C. Circuit Court of Appeals, attorneys general "filed an amicus brief in support of the efforts by the Natural Resources Defense Council and private businesses Honeywell International and Chemour to have the full D.C. Circuit Court of Appeals rehear a case with national and international ramifications involving the EPA's ability to address climate change."
[Release | Amicus brief |10 AGs: California; Connecticut; Delaware; Illinois; Maryland; New York; Oregon; Pennsylvnia; Vermont; Washington]


September 28, 2017
Challenged Proposed EPA Replacement Rule for Final Waters of the United States Rule 
Attorneys general "challenged the legality of a Trump Administration proposal to void the 'Clean Water Rule' that defines 'waters of the United States' under federal law. In comments addressed to the EPA and US Army Corps of Engineers (ACOE), the coalition charges that the proposed repeal of the Clean Water Rule – a rule designed to ensure the nation’s lakes, rivers, streams, and wetlands receive proper protection under the federal Clean Water Act – is 'arbitrary and capricious and not in accordance with law.' The coalition also charges that EPA Administrator Scott Pruitt’s involvement in the effort, after suing to negate the Clean Water Rule as Oklahoma Attorney General, is 'illegal' and would render any repeal invalid."
[Release | Comments to EPA | 9 AGs: California; Maine; Maryland; Massachusetts; New York; Oregon; Vermont; Washington; Washington, D.C.]


September 20, 2017
Sued Administration for Illegal Delay of Vehicle Emissions Rule
In District Court, Northern District of California, attorneys general sued the Federal Highway Administration and the Department of Transportation "for their illegal delay of a regulation that would lead to significant reductions in greenhouse gas emissions from vehicles on federal highways across the country. The delayed regulation, known as the Greenhouse Gas Performance Measure, requires all states to measure and track greenhouse gas emissions and set locally-appropriate targets."
[Release | Complaint |8 AGs: California; Iowa; Maryland; Massachusetts; Minnesota; Oregon; Vermont; Washington]


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.]


August 25, 2017
Filed Comments Requesting DOJ Restore Mitigation in Harley-Davidson Settlement
A coalition of 12 attorneys general filed comments with the U.S. Department of Justice "to object to the proposed decree as amended...to forego a $3 million emissiosn mitigation project included in the original decree...the States request that DOJ and EPA restore the original mitigation project or, alternatively, require Harley-Davidson to mitigate its excess emissions in a manner consistent with the public interest." 
[Comments to DOJ | 12 AGs: Delaware; Illinois; Iowa; Maine; Maryland; Massachusetts; New York; Oregon; Rhode Island; Vermont; Washington; Washington, D.C.]


August 1, 2017
Filed Lawsuit Against EPA For Stalling Action On Clean Air 
In D.C. Court of Appeals, attorneys general sued EPA for "illegally stalling the designation of areas impacted by unhealthy levels of ground-level ozone (known as smog) – vital to protecting New Yorkers and other Americans from dangerous pollution."
[Release |Petition for Review |16 AGs: California; Connecticut; Delaware; Illinois; Iowa; Maine; Massachusetts; Minnesota; New Mexico; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; Washington, D.C.]


JULY 2017

July 25, 2017
Sued EPA for Illegally Delaying Rule that Protect Communities & First Responders from Chemical Accidents 
In D.C. Court of Appeals, attorneys general sued EPA "for illegally delaying a vital rule meant to protect communities, workers, and first responders from dangerous chemical accidents. The rule – the Accidental Release Prevention Requirements or the 'Chemical Accident Safety Rule'– makes critical improvements to Congressionally-mandated protections against explosions, fires, poisonous gas releases, and other accidents at more than 12,000 facilities across the country—including over 200 in New York—that store and use toxic chemicals. "
[Release |Petition for Review | 11 AGs: Illinois; Iowa; Maine; Maryland; Massachusetts; New Mexico; 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; Maine; North Carolina; New York; Pennsylvania; Rhode Island; Washington, D.C.]


July 6, 2017
Challenged EPA's Approval of Toxic Pesticide Chlorpyrifos in Foods 
In the 9th Circuit Court of Appeals in San Francisco, attorneys general "moved to intervene in a lawsuit against the EPA...after filing legal objections with the EPA last month. In March 2017, EPA Administrator Scott Pruitt took action that allowed the continued use of chlorpyrifos on food crops even while the agency failed to identify a safe level for the pesticide. Chlorpyrifos is widely used, including on fruits and vegetables consumed by infants, young children, and pregnant women, and is shown to negatively impact proper development and functioning of the central nervous system and brain."
[Release | Motion to Intervene | 6 AGS: Maryland; Massachusetts; New York; Vermont; Washington; Washington, D.C.]


JUNE 2017

June 29, 2017
Vowed Lawsuit If EPA Continues Ignoring Legal Duty To Control Methane Pollution 
Attorneys general "put the Trump Administration on notice today that they plan to sue if the Administration continues to ignore its legal duty to control emissions of methane – an extremely potent greenhouse gas – from existing oil and gas operations. In a letter to EPA Administrator Scott Pruitt, the coalition provides the required notice of their intention to sue the Agency for failing to fulfill its mandatory obligation under the Clean Air Act to control methane emissions from existing oil and natural gas sources and for 'unreasonably delaying' the issuance of such controls."      
[Release | Intent to Sue Letter | 15 AGs: California; Connecticut; Illinois; Iowa; Maine; Maryland; Massachusetts; New Mexico; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; Washington, D.C.]


June 26, 2017
Opposed Regulatory Rollbacks That Would Jeopardize Americans' Health & Safety 
Attorneys general "urged U.S. Senate leaders to oppose legislation that would halt the federal regulatory process and obstruct the implementation of laws that protect Americans from toxic chemicals, predatory marketing practices, dangerous labor and unsafe public health conditions, unsafe food and drugs, and much more."
[Release Letter to Congress | 12 AGs: California; Delaware; Iowa; Maine; Maryland; Massachusetts; New York; Oregon; Rhode Island; Vermont; Washington; Washington, D.C.]


June 20, 2017
Filed Intervention In EPA Lawsuit Seeking Reduction In Greenhouse Gas Emissions 
In the D.C. Court of Appeals, attorneys general filed "a motion to intervene in a lawsuit against EPA Administrator Scott Pruitt’s actions to halt regulation of leaks of greenhouse gas emissions and other harmful air pollutants from new sources in the oil and gas industry."
[Release |Motion to Intervene | DC Court of Appeals | 14 AGs: Connecticut; Delaware; Illinois; Iowa; Maryland; Massachusetts; New Mexico; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; Washington, D.C.]


June 13, 2017
Filed Suit Against Dept. of Energy For Failure to Publish Energy Efficiency Standards
In District Court, Northern District of California, attorneys general sued the Department of Energy "over its failure to comply with the law and publish in the Federal Register finalized energy efficiency standards for five products: portable air conditioners, uninterruptible power supplies, air compressors, walk-in coolers and freezers and commercial packaged boilers. These standards would save consumers and businesses an estimated $11.6 billion, reduce greenhouse gas emissions by more than 159 million tons, and conserve over 242 billion kilowatt-hours of electricity – the equivalent of the annual electricity consumption of more than 19.3 million households – over a 30-year period." 
[Release | Complaint |11 AGs: California; Connecticut; Illinois; Maine; Maryland; Massachusetts; New York; Oregon; Pennsylvania; Vermont; Washington]


June 9, 2017
Promised Legal Fight If EPA Moves To Roll Back Key Vehicle Emission Standards
Attorneys general "warned the Trump Administration that any effort to roll back key vehicle emission standards would be met by a 'vigorous' court challenge. In a letter to EPA Administrator Scott Pruitt, the coalition makes clear that it will take legal action if the EPA attempts to weaken air pollution standards set for passenger cars and light-duty trucks for model years 2022 to 2025."
[Release |Letter to EPA | 14 AGs: Connecticut; Delaware; Hawai'i; Iowa; Maine; Maryland; Massachusetts; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; Washingon, D.C.

June 6, 2017
Called On EPA Administrator To Issue Safety Findings On Pesticide 
Attorneys general "submitted legal objections yesterday to EPA Administrator Scott Pruitt for his failure to follow the law and make the required safety finding for chlorpyrifos, a pesticide used on more than 80 food crops. Many of these crops – like apples, strawberries, bananas, pears, peaches, nectarines and cherries – are consumed by infants and children."
[Release | Objections | 7 AGs: California; Maine; Maryland; Massachusetts; New York; Vermont; Washington]

MAY 2017

May 25, 2017
Called on Administration to Close Loophole that Exposes Vulnerable Communities to “Bomb Trains” 
Attorneys general submitted comments to the federal Pipeline and Hazardous Materials Safety Administration requesting that it "immediately close a loophole to prevent highly flammable, highly explosive crude oil from being shipped by freight rail via so-called 'bomb trains' through communities" in their states.
[Release | Comments to DOT | 6 AGs: California; Illiniois; Maine; Maryland; New York; Washington]


May 11, 2017
AG Ferguson Pledged to Defend Washington's National Monuments in Letter to Sec. Zinke
Attorney General Bob Ferguson wrote to Interior Secretary Ryan Zinke "opposing the unprecedented review and potential rollback of national monument protections ordered by President Donald Trump. Ferguson asserts that neither Zinke nor Trump have the legal authority to revoke national monuments."[Release |Letter to Interior Washington]


May 10, 2017
Sued Dept. of the Interior Over Restarting Coal Leasing
In District Court, District of Montana, Great Falls Division, attorneys general sued the Department of the Interior after its decision "to restart federal coal leasing on public land while, at the same time, cutting short an ongoing, and long overdue, environmental review of the program." The suit "seeks to protect state residents from dangerous pollution that results from coal mining."
[Release | Complaint | 4 AGs: California; New Mexico; New York; Washington] 


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 18, 2017
Filed to Intervene in Dept. of Energy Lawsuit To Defend Energy Efficiency Standards 
In the 4th Circuit Court of Appeals in Richmond, Virginia, attorneys general filed a motion to intervene "in order to defend energy saving light bulb regulations. In March, the National Electrical Manufacturers Association (NEMA) filed a lawsuit against DOE challenging energy efficiency regulations for lamps (light bulbs)...The challenged regulations broaden the definition of a category of lamp that is subject to stringent energy standards so that it now includes incandescent light bulbs as well as other historically inefficient lighting technologies. The lamp regulations were finalized in January 2017 and would result in substantial reductions in energy usage and the associated emissions, as well as increased cost savings for consumers."
[Release Motion to Intervene | 7 AGs: California; Massachusetts; New York; Oregon; 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.]


April 3, 2017
Challenged Department of Energy For Blocking Energy Efficiency Standards
In the 2nd Circuit Court of Appeals in New York City, attorneys general filed a petition "challenging the Department’s delay in issuing its Energy Conservation Standard for Ceiling Fans. The Department of Energy has estimated that over a thirty-year period this standard would save enough electricity to power between 10 and 35 million U.S. households for a year. The Standard for Ceiling Fans should have gone into effect on March 20, 2017, but has now been delayed twice."
[Release | Petition for Review | 9 AGs: California; Connecticut; Illinois; Maine; Massachusetts; New York; Oregon; Vermont; Washington]
*STATUS: DOE relented; ceiling fan standards are now in effect. Additional energy efficiency standards remain at issue. 


April 3, 2017
Served Notice to Sue to Secretary Perry Over Failure to Publish Energy Efficiency Standards
Ten attorneys general sent a letter to Energy Secretary Rick Perry serving notice of their intent to sue "over the failure of the Department of Energy to submit for publication in the Federal Register five energy efficiency standards the agency issued in December 2016. These efficiency standards, applicable to air compressors, commercial packaged boilers, portable air conditioners, walk-in coolers and freezers, and unintermptible power supplies, were promulgated under the Energy Policy and Conservation Act."
[Letter to Sec. Perry | 10 AGs: California; Connecticut; Illinois; Maine; Maryland; Massachusetts; New York; Oregon; Vermont; Washington]


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.]


February 15, 2017
Urged Senate To Oppose Bill Eliminating States’ Authority To Protect Waterways Against Pollution From Commercial Vessels 
Attorneys general urged "opposition to the Commercial Vessel Incidental Discharge Act, legislation that would dramatically weaken clean water protections by preventing New York and other states from limiting the discharge of biological pollution by commercial shipping vessels into their waters. The bill would also take the radical step of exempting these discharges from the federal Clean Water Act."
[Release |Letter to U.S. Senate | 10 AGs: California; Illiniois; Maine; Massachusetts; Michigan; New York; Oregon; Rhode Island; Vermont; Washington]


JANUARY 2017

January 24, 2017
Filed to Intervene in EPA Suit to Keep Truck Emissions Rule in Place
In D.C. District Court, attorneys general filed a motion to intervene "to preserve a federal program to reduce greenhouse gas emissions from new medium- and heavy-duty vehicles and engines...the attorneys general state they have substantial interests in strong, federal greenhouse gas emissions standards because such standards are needed – as part of broader efforts – to secure nationwide emissions reductions that are crucial to mitigate climate impacts that are already being experienced in their states. " 
[Release | Motion to Intervene | 7 AGsConnecticut; Iowa; Massachusetts; Oregon; Rhode Island; Vermont; Washington]