ATTORNEY GENERAL LORI SWANSON
TOTAL ACTIONS: 16

Updated December 14, 2018

OCTOBER 2018

October 31, 2018
Opposed EPA’s ‘Legally Flawed’ Rollback of the Clean Power Plan
A coalition of 19 AGs submitted comments to the Environmental Protection Agency demanding that the Trump administration withdraw the “Affordable Clean Energy” rule, the administration’s proposed replacement for the Obama-era Clean Power Plan. The AGs’ comment letter includes the most comprehensive analysis published to date on the severe technical errors and extraordinary legal flaws included within the proposed rule. The AGs noted in their comments that the EPA’s proposed rule will lead to as many as 1,630 premature deaths, 120,000 asthma attacks, 140,000 missed school days, and 48,000 lost work days in 2030 compared to the Obama-era Clean Power Plan. The proposed rule will also lead to 15,000 additional cases of upper respiratory problems, as well as a rise in rates of heart and lung disease.
Release | Comments | 19 AGs: New York; California; Connecticut; Delaware; Illinois; Iowa; Maine; Maryland; Massachusetts; Minnesota; New Mexico; North Carolina; Oregon; Pennsylvania; Rhode Island; Vermont; Virginia; Washington; Washington, D.C. ]


October 26, 2018
Submitted comments opposing rollback of Clean Car Standards
A coalition of 21 AGs submitted comments to the Environmental Protection Agency and the National Highway Traffic Safety Administration opposing the agencies’ proposed “SAFE” (“Safer, Affordable, Fuel Efficient”) Vehicles rule. If finalized, the “SAFE” Vehicles rule would freeze national Clean Car Standards for passenger vehicles and light trucks. The current Clean Car Standards are expected to prevent up to 2,000 premature deaths, 50,000 cases of respiratory ailments and reduce asthma symptoms for 24 million Americans, including 6.3 million children.
Release | Comments | 21 AGs: California; Connecticut; Delaware; Hawaii; Iowa; Illinois; Maine; Maryland; Massachusetts; Minnesota; New Jersey; New Mexico; New York; North Carolina; Oregon; Pennsylvania; Rhode Island; Vermont; Virginia; Washington; Washington, D.C. ]


October 12, 2018
Filed an Amicus Brief in Support of MA and NY Exxon Mobil Investigations
A coalition of 20 state attorneys general filed an amicus brief in the U.S. Court of Appeals for the Second Circuit calling for the dismissal of a lawsuit brought by Exxon Mobil Corp. that seeks to halt the climate change-related investigations brought by New York Attorney General Barbara Underwood and Massachusetts Attorney General Maura Healey on First Amendment grounds. On the same day, a coalition of four former Massachusetts attorneys general filed an amicus brief supporting AG Healey’s right to complete her ongoing investigation based on the office's longstanding authority and responsibility to investigate potential cases of misrepresentation or fraud.
Multi-State Amicus Brief | Former AG Amicus Brief20 AGs: Delaware; Oregon; California; Connecticut; Hawaii; Illinois; Iowa; Maine; Maryland; Minnesota; Mississippi; New Jersey; New Mexico; North Carolina; Pennsylvania; Rhode Island; Vermont; Virginia; Washington; Washington, D.C. ]


AUGUST 2018

August 27, 2018
Sent a letter to EPA, DOT Requesting an Extension of the Public Comment Period for New CAFE Standards
Following the announcement of their intent to file suit against EPA and DOT over fuel efficiency standards, a coalition of 18 AGs sent a letter to EPA Acting-Administrator Andrew Wheeler and Deputy Administrator of the National Highway Traffic Safety Administration Heidi King requesting an extension of the public comment period for the Trump Administration’s new Corporate Average Fuel Economy (CAFE) Standards. The AGs noted past precedent and argued that the significance and complexity of the Administration’s proposal necessitates a 120-day comment period. The AGs also argued that more public hearings are warranted, and formally requested that at least one public hearing be held in California given the Administration’s plan to revoke California’s Clean Air Act waiver.
[Letter | 18 AGs: California; Connecticut; Delaware; Iowa; Illinois; Maine; Maryland; Massachusetts; Minnesota; New Jersey; New York; North Carolina; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; District of Columbia]


August 13, 2018
Submitted Comments Opposing EPA’s Plan to Change how it Evaluates the Costs and Benefits of New Regulations
A coalition of 13 AGs submitted comments to the EPA asking the Agency to drop a proposed rule to change how it determines the costs and benefits associated with new regulations. The AGs argued that EPA’s proposed rule would allow it to prioritize the cost of compliance for regulated industries over public health concerns. The AGs raised concerns that the EPA is attempting to curtail its ability to calculate the economic benefits associated with limiting pollution and human exposure to harmful substances, while also enabling the agency to place greater weight on the costs of regulatory compliance.

The AGs also noted that the EPA has failed to provide evidence establishing the necessity of a comprehensive review of its methodology for calculating the costs and benefits of regulatory compliance, noting that EPA’s proposed rule seems to pave the way for the consideration of factors that Congress did not intend for it to consider. The AGs explained that this would lead to the promulgation of rules that are “arbitrary and capricious” according to the American Procedure Act.
[Release | Comments | 12 AGs: New York; California; Illinois; Iowa; Maryland; Massachusetts; New Jersey; Oregon; Vermont; Washington; 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 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


JUNE 2018

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 7, 2018
Submitted letter to EPA Administrator on Proposal to Limit Science in Rulemaking
Eight attorneys general submitted a letter to Administrator Scott Pruitt requesting that the Environmental Protection Agency (EPA) halt its proposed rule to limit the use of scientific evidence in rulemakings. The letter also urged EPA to consult with the National Academies of Sciences before moving forward with any proposed changes to how EPA uses science in its regulatory process. In the event that EPA is unwilling to withdraw the proposal, the attorneys general also requested an extension of time for filing comments.
Release | Letter | 8 AGs: California; Delaware; Iowa; Maine; Minnesota; New York; Pennsylvania; 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.]


DECEMBER 2017

December 12, 2017
Called on Army Corps of Engineers to Protect Great Lakes, including Lake Erie, from Asian Carp
Attorneys general "called on the U.S. Army Corps of Engineers to change plans for an expensive lock redesign and instead close a major lock now to keep the invasive Asian carp species from entering the Great Lakes, including Lake Erie, potentially causing widespread harm to its ecosystem and economy."
[Release |Letter to Army Corps |3 AGs: Michigan; Minnesota; Pennsylvania]


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.]


OCTOBER 2017

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 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 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.]


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 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.]