All Actions

Total Actions: 223

Updated April 12, 2019.


April 2019

April 12, 2019
New York Sued EPA Over Failure to Regulate Cross-State Ozone Pollution
New York Attorney General Letitia James filed a lawsuit challenging the EPA’s failure to regulate ozone pollution from upwind states. The suit followed the EPA’s failure to respond to a petition filed by New York in March 2018, pursuant to the “Good Neighbor” obligations set forth under Section 126(b) of Clean Air Act, in which New York identified power plants in nine states whose nitrogen oxide (NOx) emissions prevented the New York Metropolitan Area from attaining 2008 and 2015 National Ambient Air Quality Standards (NAAQS) for ozone. In the lawsuit, Attorney General James noted that the state’s persistently unsafe levels of ozone pollution regularly compromises the health and welfare of more than 12 million New Yorkers living in the New York Metropolitan Area, and on particularly bad days can affect as many as 16 million residents of her state.
[ Lawsuit | 1 AG: New York  ]


April 12, 2019
Amicus Brief Filed Supporting City of South Portland in Pipeline Dispute
Massachusetts Attorney General Maura Healey led a coalition of 14 state attorneys general in filing an amicus brief supporting the City of South Portland, Maine in a legal dispute over a City zoning ordinance that prohibits the export and bulk loading of crude oil from its waterfront. The attorneys general rejected Portland Pipe Line Corporation’s contention that federal and state law preempt the City’s zoning ordinance, and noted that a court decision for the plaintiffs would set a dangerous precedent limiting state and local power to set basic environmental standards and land use laws.
[ Amicus Brief | 14 AGs: Massachusetts; California; Connecticut; Delaware; Maine; Maryland; Minnesota; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; Washington, D.C. ]


April 5, 2019
California Sued EPA and NHTSA for Withholding Data on Clean Car Standards 
California Attorney General Xavier Becerra sued the EPA and the National Highway Traffic Safety Administration (NHTSA) over the agencies’ inadequate responses to a Freedom of Information Act (FOIA) request for critical information related to the administration’s proposal to roll back national Clean Car Standards. Noting the unprecedented decision to withhold their underlying analysis from the public prior to moving forward with a new rulemaking, regulators at the California Air Resources Board (CARB) requested documents from both federal agencies concerning their analysis of “vehicle fleet composition, new car sales, vehicle safety, battery technology, and other information that NHTSA and EPA used in proposing to roll back vehicle emission and fuel economy standards.” In the state’s new lawsuit, filed by AG Becerra on behalf of CARB, California is alleging that the EPA failed to make timely determinations on CARB's September 2018 FOIA request and that the NHTSA failed to adequately justify its decision to withhold the requested material.
[ Lawsuit | 1 AG: California ]


April 4, 2019
Challenged Unconstitutional “2-For-1” Executive Order
California Attorney General Xavier Becerra, Minnesota Attorney General Keith Ellison, and Oregon Attorney General Ellen Rosenblum filed a lawsuit seeking an injunction against President Trump’s “Two-for-One” Executive Order requiring federal agencies to repeal two existing regulations for every new regulation that is legally promulgated. The Order has been used to justify the attempted rollback of environmental regulations that were put in place in response to federal agencies’ statutory obligations under bedrock environmental laws such as the Clean Air Act, Clean Water Act and the Toxic Substances Control Act.

In their complaint, the attorneys general asked the court to find the order unconstitutional, noting that it violates the Constitution’s separation of powers doctrine by requiring agencies to repeal two congressionally-authorized rules for every new congressionally-authorized rule that agencies issue — regardless of the agencies’ independent statutory obligations to implement Congressional directives.
[ Lawsuit | Release |  3 AGs: California; Minnesota; Oregon ]


April 4, 2019
Moved to Block Diversion of Federal Funds for Border Wall Construction
California Attorney General Becerra led a coalition of 20 states in filing a motion for preliminary injunction to enjoin President Trump from diverting funds to construct a wall on the southern border based on an unlawful declaration of a national emergency. The attorneys general noted that the preliminary injunction should be granted because the states were likely to prevail on the merits of their claim that the declaration violates the National Environmental Policy Act, and are likely to suffer irreparable harm from the diversion of funds.
[ Motion | Release | 20 AGs: California; Colorado; Connecticut; Delaware; Hawai’i; Illinois; Maine; Maryland; Massachusetts; Michigan; Minnesota; Nevada; New Jersey; New Mexico; New York; Oregon; Rhode Island; Vermont; Virginia; Wisconsin ]


March 2019

March 29, 2019
Briefs Filed Challenging EPA’s Refusal to Regulate Cross-State Ozone Pollution
Maryland Attorney General Brian Frosh and Delaware Attorney General Kathy Jennings filed briefs challenging the EPA’s denial of the states’ petitions for further controls on ozone-forming emissions from upwind states. In their briefs, Attorneys General Frosh and Jennings rejected the EPA’s assertion that existing rules are sufficient to bring both states into attainment with the 2008 ground-level ozone standard by 2023. AG Jennings condemned the agency’s decision as “just one more example of how EPA has abdicated its responsibility under the [Clean Air] Act to address interstate ozone transport.”
[ DE Brief | MD Brief | 2 AGs: Delaware; Maryland  ]


March 27, 2019
New Jersey Sued Chemical Companies Over Hazardous Waste Dumping
New Jersey Attorney General Gurbir Grewal filed four natural resource damage lawsuits against DuPont, Chemours and 3M. AG Grewal alleges that the companies violated New Jersey’s Water Pollution Control Act and its Spill Compensation and Control Act, while simultaneously misleading the public about the dangers associated with the dumping of hazardous chemicals in the state. Two of the complaints focus on the companies’ use of PFAS (per- and polyfluoroalkyl substances), an emerging environmental and public health issue. The other two complaints concern contamination of groundwater, surface water and other natural resources with volatile and semi-volatile organic compounds, mercury, lead and other contaminants.
[ Release | 1 AG: New Jersey ]


March 21, 2019
New Mexico Withdrew from Lawsuit Challenging 2015 Waters of the United States (WOTUS) Rule
New Mexico Attorney General Hector Balderas withdrew his state from litigation in which New Mexico was part of a coalition of states challenging the 2015 Waters of the United States rule in litigation in federal district court in North Dakota. The 2015 rule confirmed that federal Clean Water Act protections cover wetlands and upland waters that many Americans rely upon for clean, healthy drinking water.
[ Motion | 1 AG: New Mexico ]


March 21, 2019
Wisconsin Withdrew from Lawsuit Challenging Mercury and Air Toxics Standards (MATS)
Wisconsin Attorney General Josh Kaul withdrew his state from litigation in which Wisconsin was part of the coalition of states and industry groups challenging the EPA’s Mercury and Air Toxics Standards.
[ Motion | 1 AG: Wisconsin ]


March 20, 2019
Washington Intervened in Lawsuit Against U.S. Navy Over Clean Water Act Violations in Puget Sound
Washington Attorney General Bob Ferguson filed a motion to intervene in ongoing litigation brought by environmental groups and a Native American tribe challenging the U.S. Navy’s release of pollutants into the Puget Sound. The lawsuit alleges that the Navy released the equivalent of fifty dump truck loads of pollutants, including copper and zinc, into the Sound when it scraped the hull of a ship in January 2017. Copper and zinc are highly toxic to marine life, and the Navy lacked a permit to lawfully discharge the pollutants into the Sound.
[ Motion to Intervene | Release1 AG: Washington ]


March 20, 2019
Amicus Brief Filed in Support of Local Governments’ Climate Liability Lawsuits
California Attorney General Xavier Becerra led a coalition of 11 state attorneys general in filing an amicus brief in support of the City of Oakland and the City and County of San Francisco’s efforts to hold fossil fuel companies accountable for the production and marketing of climate change-causing fossil fuels. In their amicus brief, the AGs defended the cities’ right to have their claims heard in state court, under state common law, given that climate change is not a uniquely federal interest.
[ Amicus Brief | Release11 AGs: California; Connecticut; Maryland; Minnesota; New Jersey; New York; Oregon; Rhode Island; Vermont; Washington; Washington, D.C. ]


March 19, 2019
Amicus Brief Filed in Defense of States’ Clean Water Act Permitting Authority
Oregon Attorney General Ellen Rosenblum led a coalition of 14 state attorneys general in filing an amicus brief urging the U.S. Court of Appeals for the D.C. Circuit to grant rehearing of a January 2019 decision that restricts the exercise of state water quality objections under Section 401 of the Clean Water Act in the context of federal permitting of infrastructure projects. In the brief, the attorneys general warn that the January ruling in Hoopa Valley Tribe v. FERC threatens state authority over water quality permitting and "undercuts the coequal management of the nation's waters."
[ Amicus Brief 14 AGs: Oregon; Alaska; Hawai’i; Idaho; Maine; Massachusetts; Michigan; Minnesota; New Jersey; Rhode Island; South Dakota; Vermont; Washington; Wyoming ]


March 18, 2019
Comments Filed Opposing EPA’s Proposal to Weaken Emissions Standards for New Coal-Fired Power Plants
California Attorney General Xavier Becerra led a coalition of 20 state attorneys general in submitting comments urging the EPA to withdraw its proposal to roll back emissions standards for new, modified and reconstructed coal-fired power plants. The AGs’ comments emphasize that the proposal is arbitrary and capricious,  and violates the EPA’s obligations under the Clean Air Act to reduce greenhouse gas emissions.
[ Comments | Release20 AGs: California; Connecticut; Delaware; Illinois; Iowa; Maine; Maryland; Massachusetts; Minnesota; New Jersey; New Mexico; New York; North Carolina; Oregon; Pennsylvania; Rhode Island; Vermont; Virginia; Washington; Washington, D.C ]


March 18, 2019
Massachusetts Testified in Opposition to EPA’s Proposal to Undermine Mercury and Air Toxics Standards (MATS)
A representative of Massachusetts Attorney General Maura Healey testified against the EPA’s proposal to reconsider the appropriateness of its Mercury and Air Toxics Standards (MATS), which regulate emissions of mercury and other harmful airborne pollutants from fossil fuel-fired power plants, at a public hearing in Washington, D.C. The testimony warned that the proposal "disregards the purpose of the Clean Air Act, fundamental economic principles, and the direction of the U.S. Supreme Court," and emphasized that the existing MATS rule "has had no adverse impacts on ratepayers or electric system reliability."
[ Testimony | 1 AG: Massachusetts ]


March 18, 2019
Colorado Withdrew from Lawsuit Challenging 2015 Waters of the United States (WOTUS) Rule
Colorado Attorney General Phil Weiser withdrew Colorado from litigation in which the state was a part of a coalition of states challenging the 2015 Waters of the United States rule in federal district court in North Dakota. The 2015 rule confirmed that federal Clean Water Act protections cover wetlands and upland waters that many Americans rely upon for clean, healthy drinking water.
[ Motion | 1 AG: Colorado ]


March 15, 2019
Michigan Withdrew from Lawsuit Challenging 2015 Waters of the United States (WOTUS) Rule
Michigan Attorney General Dana Nessel withdrew Michigan from litigation in which the state was a part of a coalition of states challenging the 2015 Waters of the United States rule in federal district court in Ohio. The 2015 rule confirmed that federal Clean Water Act protections cover wetlands and upland waters that many Americans rely upon for clean, healthy drinking water.
[ Motion | 1 AG: Michigan ]


March 15, 2019
Vermont Reached Settlement with Oil Refiners over MTBE Contamination
Vermont Attorney General T.J. Donovan announced a $3.8 million settlement with major oil refiners over groundwater pollution resulting from the underground storage of gasoline containing the additive methyl tertiary-butyl ether (MTBE). The settlement resolves a 2014 lawsuit in which AG Donovan’s predecessor alleged that more than two dozen of the largest oil refiners in the United States — including ExxonMobil, Chevron, ConocoPhilips, Shell and BP North America — promoted, marketed, and distributed gasoline containing MTBE despite being aware of its potential to cause widespread groundwater contamination. MTBE has been linked to a variety of health problems, and was phased out from gasoline by 2005. Vermont banned MTBE in 2007, but site testing and remediation efforts in the state are ongoing.
[ Release | 1 AG: Vermont ]


March 13, 2019
Comments Filed Criticizing Draft Environmental Impact Statement for Drilling in the Arctic Refuge
Washington Attorney General Bob Ferguson and Massachusetts Attorney General Maura Healey led a coalition of 16 state attorneys general in submitting comments criticizing the Bureau of Land Management (BLM)'s Draft Environmental Impact Statement for the proposed Leasing Program for oil and gas drilling in the Arctic National Wildlife Refuge. In their comments, the AGs argue that BLM fell short of its National Environmental Policy Act obligations by failing to make a full accounting of increased greenhouse gas emissions and potential climate change impacts associated with the Leasing Program. The AGs also noted that the administration’s revenue projections vastly overstate the plan’s potential economic benefits, while simultaneously ignoring the significant public and environmental costs of oil and gas development in the Coastal Plain of the Arctic Refuge.
[ Comments | 16 AGs: Washington; Massachusetts; Delaware; Maine; Maryland; Michigan; Minnesota; New Jersey; New York; North Carolina; Oregon; Pennsylvania; Rhode Island; Vermont; Virginia; Washington, D.C. ]


March 11, 2019
Illinois Filed Brief in Support of Zero Emission Credit (ZEC) Programs
Illinois Attorney General Kwame Raoul filed a brief with the Supreme Court urging the Court to not hear an appeal of a lower court’s decision upholding the state’s zero emission credit (ZEC) program, which compensates qualifying nuclear generators for the zero carbon emissions attributes of their energy generation. The brief also urged the court to not hear an appeal of a similar decision upholding New York’s ZEC program.

UPDATE: In April 2019, the Supreme Court sided with the attorney general of Illinois and denied the petitions to hear appeals of the Illinois and New York ZEC programs.
[ Brief | 1 AG: Illinois  ]


March 7, 2019
Massachusetts Petitioned Department of Public Utilities to Clarify and Reconsider Decision to Allow Utility Companies to Keep Federal Tax Cut Savings
Massachusetts Attorney General Maura Healey filed a motion asking the Massachusetts Department of Public Utilities to clarify and reconsider its February 2019 decision to allow utility companies to keep federal tax savings that resulted from the Tax Cuts and Jobs Act (TCJA). Utility rates in Massachusetts for the first half of 2018 did not reflect the reduction of the federal corporate tax rate under the TCJA from 35 to 21 percent, resulting in an estimated $40 million windfall for utility companies. AG Healey’s motion notes that the Department of Public Utilities acknowledged it had the authority to order utility companies to return the tax savings to consumers, but ultimately decided “without explanation” not to do so.
[ Motion | 1 AG: Massachusetts  ]


March 7, 2019
New Jersey Sued ExxonMobil Over Illegal Dumping of Hazardous Waste
New Jersey Attorney General Gurbir Grewal filed a lawsuit against ExxonMobil for contamination stemming from "industrial dumping activity" at the company's 12-acre Lail property in Gloucester County, NJ. The lawsuit alleges that beginning in the 1950s, ExxonMobil "used the Lail property to dispose of drums containing petroleum products and other hazardous substances,” resulting in contamination of wetlands and waterways. Despite the removal of drums in the 1990s and remediation efforts in the late 2000s, recent inspections detected the presence of polychlorinated biphenyls (PCBs), a class of chemicals known to cause reproductive, developmental, respiratory and dermatological issues in humans and animals. The lawsuit seeks natural resource damages for ongoing testing and remediation efforts.
[ Lawsuit | Release | 1 AG: New Jersey  ]


March 5, 2019
New Mexico Sued U.S. Air Force Over PFAS Groundwater Contamination
New Mexico Attorney General Hector Balderas filed a lawsuit against the U.S. Air Force for contamination of drinking water supplies near U.S. Air Force bases in New Mexico. The complaint alleges that the U.S. Air Force has sprayed firefighting foam containing per- and polyfluoroalkyl substances (PFAS) on the ground and tarmacs in fire training and actual firefighting events at the New Mexico bases for more than 50 years, allowing PFAS to seep into the surrounding groundwater in violation of the New Mexico Hazardous Waste Act. New Mexico is seeking injunctive relief requiring abatement of ongoing violations of the Act and a permanent injunction for the Air Force to take all steps necessary to achieve permanent and consistent compliance with the Act.
[ Lawsuit | 1 AG: New Mexico  ]


March 5, 2019
Filed Multi-State Motion for Preliminary Injunction to Block Seismic Testing Permits
Maryland Attorney General Brian Frosh led a coalition of nine state attorneys general who joined with environmental organizations in a motion for preliminary injunction in the ongoing lawsuit over seismic testing for oil and gas drilling off the Atlantic Coast. In their motion, the AGs asked the court to stay the effectiveness of incidental harassment authorizations (IHAs) issued by the National Marine Fisheries Service and to enjoin any seismic testing in the Atlantic Ocean pending a ruling on the merits of the lawsuit.
[ Notice | Memorandum | Release | 9 AGs: Maryland; Connecticut; Delaware; Maine; Massachusetts New Jersey; New York; North Carolina; Virginia  ]


March 1, 2019
South Carolina Filed Motion for Preliminary Injunction to Block Seismic Testing Permits
South Carolina Attorney General Alan Wilson filed a motion for preliminary injunction in the ongoing lawsuit over seismic testing for oil and gas drilling off the Atlantic Coast. In his motion, AG Wilson asked the court to stay the effectiveness of incidental harassment authorizations (IHAs) issued by the National Marine Fisheries Service and to enjoin any seismic testing in the Atlantic Ocean pending a ruling on the merits of the lawsuit. AG Wilson emphasized that seismic testing would have a “disastrous impact on marine life” and on South Carolina’s economy.
[ Motion | Memorandum | Release1 AG: South Carolina  ]


February 2019

February 28, 2019
New York Testified in Opposition to EPA’s Revised Definition of Waters of the United States
A representative of New York Attorney General Letitia James testified at an EPA hearing in Kansas City to strongly object to the Trump administration’s proposal to revise the definition of “waters of the United States.” The testimony noted that New York is leading a coalition of states opposing the EPA’s proposed redefinition, which would exclude an estimated 51 percent of national wetlands and 18 percent of national streams from Clean Water Act protections.
[ Testimony | 1 AG: New York  ]


February 21, 2019
Massachusetts Petitioned to Intervene in Proceeding Over Sale of Pilgrim Nuclear Power Plant
Massachusetts Attorney General Maura Healey filed a petition to intervene and request for hearing with the Nuclear Regulatory Commission in a federal proceeding over the sale and licensee transfer of Pilgrim Nuclear Power Station. AG Healey detailed serious concerns regarding the buyer’s financial ability to fully and safely decommission the power plant and its 4,114 spent radioactive fuel assemblies. AG Healey noted that the transfer plan has ignored contingencies that would risk budgetary shortfalls, jeopardizing the success of any future cleanup operation as well as the health and safety of Massachusetts residents.
[ Petition | Release1 AG: Massachusetts  ]


February 18, 2019
Filed Lawsuit Challenging President Trump’s Declaration of a National Emergency to Divert Funding for Border Wall Construction
California Attorney General Xavier Becerra led a coalition of 20 attorneys general in filing a lawsuit challenging President Trump’s declaration of a national emergency for the purpose of diverting funding toward construction of a wall along the southern border. In their lawsuit, the AGs noted that wall construction “will cause irreparable environmental damage” to California and New Mexico’s natural resources, including dozens of plant and animal species protected under the Endangered Species Act.
[ Complaint | Release20 AGs: California; Colorado; Connecticut; Delaware; Hawai'i; Illinois; Maine; Maryland; Massachusetts; Michigan; Minnesota; Nevada; New Jersey; New Mexico; New York; Oregon; Rhode Island; Vermont; Virginia; Wisconsin  ]


February 14, 2019
Amicus Brief Filed Challenging Lighthouse Resources Inc.’s Commerce Clause Claims in Washington Coal Export Terminal Litigation
California Attorney General Xavier Becerra led a coalition of six state attorneys general in filing an amicus brief in support of Washington Attorney General Bob Ferguson’s motion to dismiss Lighthouse Resources Inc.'s Commerce Clause claims in litigation related to Washington State's denial of water quality certifications for the construction of a coal export terminal. In their brief, the AGs’ emphasize that the Commerce Clause “respects Washington’s long-standing police power authority to make local land use decisions,” and cannot be used as a means to “override that authority in order to build an export terminal in [Lighthouse’s] preferred location."

UPDATE: This litigation has been stayed pending the outcome of state litigation.
[ Amicus Brief | WA Motion | 6 AGs: California; Maryland; Massachusetts; New Jersey; New York; Oregon ]


February 14, 2019
Colorado Filed Amicus Brief in Support of California’s Lawsuit Challenging Rollback of National Clean Car Standards
Colorado Attorney General Phil Weiser filed an amicus brief in the U.S. Court of Appeals for the D.C. Circuit in support of the lawsuit brought by California Attorney General Xavier Becerra and 17 other state attorneys general challenging the EPA’s April 2018 Revised Determination for national Clean Car Standards. In his brief, AG Weiser noted that the EPA violated the Administrative Procedure Act by failing to provide an opportunity for public comment before issuing its Revised Determination, and withholding the technical analysis it used to justify its decision from the public.
[ Amicus Brief | Release1 AG: Colorado ]


February 12, 2019
Massachusetts Objected to FERC’s Failure to Facilitate Vineyard Wind’s Participation in ISO-NE’s Forward Capacity Auction
Massachusetts Attorney General Maura Healey sent a letter to the Federal Energy Regulatory Commission (FERC) strongly objecting to the Commission’s failure to issue a waiver that would allow a wind energy company (Vineyard Wind) to participate in ISO-New England’s Thirteenth Forward Capacity Auction as a Renewable Technology Resource. AG Healey noted that FERC’s exclusion of Vineyard Wind’s major offshore wind energy project from this regional market will cost ratepayers millions of dollars and harm regional efforts to increase fuel security. AG Healey raised additional concerns about the perceived bias of both ISO-New England and FERC favoring “traditional” fossil fuel energy sources, which is damaging to Massachusetts’s rights under the Federal Power Act to shape its mix of electric power generation and enforce its own clean energy policies.
[ Letter | 1 AG: Massachusetts ]


February 7, 2019
Filed Multi-State Brief Challenging Legal Basis of National Clean Car Standards Rollback
California Attorney General Xavier Becerra led a coalition of 18 state attorneys general in filing a legal brief challenging the Trump administration’s decision to reopen the national Clean Car Standards. In their brief, the AGs emphasize that the EPA’s April 2018 Revised Determination that the Clean Car Standards are no longer appropriate “is contradicted by the record, lacks reasoned analysis, and fails to offer a reasoned explanation.” The AGs noted the hundreds of independent studies and thousands of pages of technical analysis supporting the EPA’s January 2017 determination that the standards remained appropriate and feasible, in contrast to the 11-page document that the agency used as the basis for its proposed rollback.
[ Brief | 18 AGs: California; Connecticut; Delaware; Illinois; Iowa; Maine; Maryland; Massachusetts; Minnesota; New Jersey; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Virginia; Washington; Washington, D.C. ]


February 7, 2019
Michigan Withdrew from ExxonMobil’s Retaliatory Lawsuit Against Massachusetts
Michigan Attorney General Dana Nessel moved to withdraw Michigan from an August 2018 amicus brief filed in support of ExxonMobil’s position in ExxonMobil v. Healey, a retaliatory lawsuit brought by ExxonMobil against Massachusetts Attorney General Maura Healey. ExxonMobil brought the suit in response to AG Healey’s ongoing investigation into whether or not the company withheld information about the climate change impacts of its business from investors and the public.
[ MotionRelease | 1 AG: Michigan ]


January 2019

January 31, 2019
Petitioned EPA to Improve Data Collection on Asbestos
A coalition of 15 attorneys general co-led by Massachusetts Attorney General Maura Healey and California Attorney General Xavier Becerra petitioned the Environmental Protection Agency (EPA) to close a data-reporting loophole for importers of asbestos, a dangerous mineral with no safe level of exposure for humans. Asbestos is a regulated substance under the Toxic Substances Control Act, which requires the EPA to collect comprehensive data on the mineral and assess its potential harm to human health and the environment. Importers are currently exempt from reporting asbestos under the agency’s Chemical Data Reporting (CDR) rule. In their petition, the attorneys general asked the EPA to close its “naturally occurring substance” exemption for asbestos reporting, and to subject all imported products or materials containing asbestos to the CDR rule’s reporting requirements.
[ PetitionMA Release | 15 AGs: Massachusetts; California; Connecticut; Hawai’i; Maryland; Maine; Minnesota; New Jersey; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; Washington, D.C. ]


January 31, 2019
Michigan Warned Consumers About Heating Fuel Scams During Extreme Cold Weather
Michigan Attorney General Dana Nessel warned consumers of potential heating fuel scams during an extreme cold weather event that affected the state. AG Nessel described fraudulent calls from scammers impersonating utility companies demanding immediate payment to maintain service, and advised energy consumers who receive suspicious calls to contact their utility company directly. AG Nessel also assured consumers that the state government monitors propane rates for potential price gouging, which violates the state’s Consumer Protection Act.
[ Release | 1 AG: Michigan ]


January 30, 2019
Sued EPA Over Failure to Adequately Address Upwind Air Pollution
New York Attorney General Letitia James led a multi-state coalition of six East Coast attorneys general in a lawsuit against the Environmental Protection Agency (EPA) over its decision to set no further emissions restrictions on ground level ozone pollution (smog) from upwind states until at least 2023. In their lawsuit, the attorneys general asked the court to vacate the EPA’s December 2018 decision to “close-out” the agency’s Cross-State Air Pollution Rule (CSAPR), which was established by the Obama administration in October 2016. The attorneys general argued that the close-out rule violates the Clean Air Act’s “Good Neighbor” provision, which requires the agency to act when the actions of upwind states prevent downwind states from achieving federal air quality standards.
[ LawsuitNY Release | 6 AGs: New York; Connecticut; Delaware; Maryland; Massachusetts; New Jersey ]


January 29, 2019
Filed Amicus Brief in Support of States’ Right to Hold Fossil Fuel Producers Accountable in State Court
California Attorney General Xavier Becerra led a coalition of eight state attorneys general in filing an amicus brief with the U.S. Court of Appeals for the Ninth Circuit in support of a series of climate liability lawsuits filed by six California counties and cities in an attempt to hold fossil fuel producers accountable for the cost of their actions under state law. In their brief, the attorneys general objected to the fossil fuel companies’ claims that federal law preempted a plaintiff’s legal ability to seek relief under state law.
[ Amicus BriefCA Release | 8 AGs: California; New York; Maryland; New Jersey; Oregon; Rhode Island; Vermont; Washington, D.C ]


January 28, 2019
Called for FERC Commissioner McNamee’s Recusal from Grid Resiliency Proceedings
Massachusetts Attorney General Maura Healey led a coalition of ten state attorneys general in submitting a comment letter to the Federal Energy Regulatory Commission (FERC) calling for Commissioner Bernard McNamee’s recusal from the Commission’s ongoing grid resiliency proceeding. The coalition of attorneys general cited a pattern of negative public comments toward renewable energy by Commissioner McNamee, as well as his past leadership of the Energy Department’s failed bid to bail out the coal industry. Commissioner McNamee has indicated he will recuse himself from additional proceedings in that docket, but he is not recusing himself from the Commission’s closely related grid resiliency proceeding, which involves many of the same issues.
[ CommentsMA Release | 10 AGs: Massachusetts; California; Illinois; Maryland; Michigan; Minnesota; New York; Oregon; Vermont; Washington, D.C.  ]


January 26, 2019
Colorado Withdrew from Lawsuit Challenging Clean Power Plan
Shortly after taking office on January 8, Colorado Attorney General Phil Weiser filed a motion to withdraw Colorado from West Virginia et al. v. EPA, an ongoing lawsuit challenging the Obama-era Clean Power Plan regulating carbon emissions from fossil fuel-fired power plants. Under AG Weiser’s predecessor, former Attorney General Cynthia Coffman, Colorado was one of a number of states that challenged the Clean Power Plan. The motion to withdraw was granted on January 30.
[ Motion | 1 AG: Colorado ]


January 24, 2019
Connecticut Issued Consumer Advisory for Possible Rate Errors on Electric Bills
Connecticut Attorney General William Tong notified consumers of a known error that could result in incorrect electric rates on consumers’ monthly bills. Specifically, AG Tong advised consumers who purchase from third-party electric suppliers to “carefully review their electric bills, and report any irregularities to state regulators.” AG Tong also noted that customers who pay a “standard offer” rate are unaffected by the error.
[ Release | 1 AG: Connecticut ]


January 23, 2019
Filed Motion for Summary Judgment to End EPA’s Delay in Implementing Methane Emissions Standards for Landfills
California Attorney General Xavier Becerra led a coalition of eight state attorneys general in filing a motion for summary judgment requesting the U.S. District Court for the Northern District of California compel the Trump administration to begin implementing state-level plans that limit methane emissions from landfills. In their motion, the attorneys general noted that the EPA does not dispute its statutory obligation to act to reduce emissions of methane, and asked the court to find that the EPA’s failure to implement state plans violates the Clean Air Act.
[ Motion | 8 AGs: California; Illinois; Maryland; New Mexico; Oregon; Pennsylvania; Rhode Island; Vermont ]


January 18, 2019
Michigan Withdrew from Lawsuit Challenging Mercury and Air Toxics Standards (MATS)
Michigan Attorney General Dana Nessel withdrew her state from litigation in which Michigan was part of the coalition of states and industry groups challenging the EPA’s Mercury and Air Toxics Standards.
[ Motion | Release | 1 AG: Michigan ]


January 18, 2019
Michigan Withdrew from Lawsuit Challenging Clean Power Plan
Shortly after taking office on January 1, Michigan Attorney General Dana Nessel filed a motion to withdraw Michigan from West Virginia et al. v. EPA, an ongoing lawsuit challenging the Obama-era Clean Power Plan regulating emissions from fossil fuel-fired power plants. Under AG Nessel’s predecessor, former Attorney General Bill Schuette, Michigan was one of a number of states that challenged the Clean Power Plan. The motion to withdraw was granted on January 23.
[ Motion | Release | 1 AG: Michigan ]


January 17, 2019
Sent a Letter to the U.S. Navy Announcing Intent to Sue Over Clean Water Act Violations in Puget Sound
Washington Attorney General Bob Ferguson delivered a letter to Acting Defense Secretary Patrick Shanahan and Navy Secretary Richard Spencer announcing his intent to sue the United States Navy for Clean Water Act violations in Puget Sound. The letter alleges that the Navy released the equivalent of fifty dump truck loads of pollutants, including copper and zinc, into the Sound when it scraped the hull of a 60,000-ton aircraft carrier, the former U.S.S. Independence, in January 2017. Copper and zinc are highly toxic to marine life and the Navy lacked a permit to lawfully discharge the pollutants into Puget Sound.
[ Letter | Release | 1 AG: Washington ]


January 15, 2019
Submitted Comments Opposing EPA’s Proposal to Delay Phase Out of Dirty Wood Heaters
New York Attorney General Letitia James led a coalition of seven state attorneys general in submitting comments strongly objecting to a proposed rule by the EPA that would extend retailers’ ability to sell new wood boilers and forced air furnaces that are out of compliance with the agency’s PM2.5 emissions standards. The proposed rule could result in thousands of non-compliant and highly polluting units operating for far longer than the Clean Air Act allows. The AGs argued that the EPA’s proposed rule fails to provide any justification for allowing the continued sale of highly polluting units and disregards the serious public health concerns associated with its proposed delay.
[ Comments | 7 AGs: New York; Maryland; Massachusetts; Minnesota; Oregon; Vermont; Washington ]


January 11, 2019
Communicated Public Concerns Over Environmental Impacts of Planned Insulation Manufacturing Facility
Virginia Attorney General Mark Herring delivered a letter to Rockwool International, a stone wool insulation manufacturer, to relay the concerns of Virginians regarding the environmental and public health impacts of a planned manufacturing facility in Ranson, West Virginia. In his letter, AG Herring emphasized the public health impacts of hazardous air pollutants (HAPs), and requested that Rockwool provide his office with additional information about downwind dispersion of HAPs, as well as planned mitigation measures.
[ Letter | 1 AG: Virginia ]


January 10, 2019
California Reached a Settlement with Fiat Chrysler Over Diesel Emissions Scheme
California Attorney General Xavier Becerra, the California Air Resources Board and the U.S. Department of Justice announced a major settlement with automaker Fiat Chrysler over the use of a “defeat device” software system designed to obscure emissions data from its fleet of diesel vehicles. The scheme resulted in vehicles that released far more hazardous air pollutants into the atmosphere than what is legally permissible under the Clean Air Act. The $500 million settlement covers the 13,325 vehicles sold to California consumers that included the fraudulent software.
[ Release | 1 AG: California ]


January 10, 2019
Reached a Multi-state Settlement with Fiat Chrysler Over Diesel Emissions Scheme
The attorneys general of 49 states, the District of Columbia, Puerto Rico and Guam announced a settlement with automaker Fiat Chrysler over the use of a “defeat device” software system designed to obscure emissions data from its fleet of diesel vehicles. The scheme resulted in vehicles that released far more hazardous air pollutants into the atmosphere than what is legally permissible under the Clean Air Act. The $171 million settlement covers more than 100,000 vehicles sold under the scheme in the 46 states, the District of Columbia, Puerto Rico and Guam.
[ NY Release | 52 AGs: New York; Alabama; Alaska; Arizona; Arkansas; Colorado; Connecticut; Delaware; Florida; Georgia; Guam; Hawai'i; Idaho; Illinois; Indiana; Iowa; Kansas; Kentucky; Louisiana; Maine; Maryland; Massachusetts; Michigan; Minnesota; Mississippi; Missouri; Montana; Nebraska; Nevada; New Hampshire; New Jersey; New Mexico; North Carolina; North Dakota; Ohio; Oklahoma; Oregon; Pennsylvania; Puerto Rico; Rhode Island; South Carolina; South Dakota; Tennessee; Texas; Utah; Vermont; Virginia; Washington; Washington, D.C.; West Virginia; Wisconsin; Wyoming ]


January 8, 2019
Sued Mercedes-Benz USA and Daimler AG Over Diesel Emissions Scheme
Arizona Attorney General Mark Brnovich announced a consumer fraud suit against Mercedes-Benz USA and its parent company Daimler AG regarding the company’s marketing of its BlueTEC vehicles. AG Brnovich’s lawsuit alleges that the German automaker used a “defeat device” allowing its vehicles to pass computer tests for emission limits, while the vehicles’ on-the-road emissions far exceeded those limits.
[ Lawsuit | Release | 1 AG: Arizona ]


January 7, 2019
Moved to Intervene in Multi-State Lawsuit Challenging Permits for Seismic Testing Along the Atlantic Coast
South Carolina Attorney General Alan Wilson moved to intervene in the federal lawsuit against the National Marine Fisheries Service challenging seismic testing permits for offshore oil and gas drilling along the Atlantic Coast. AG Wilson noted that NOAA failed to provide a factual basis justifying its finding that seismic testing would not jeopardize the existence of threatened or endangered species, rendering the decision arbitrary and capricious. In the lawsuit, AG Wilson emphasized the threat that seismic testing poses to South Carolina’s fishing and tourism sectors.
[ Motion to Intervene | 1 AG: South Carolina ]


January 3, 2019
Opposed EPA’s Proposal to Further Delay Compliance for Methane Emissions Standards for Municipal Landfills
California Attorney General Xavier Becerra led a multi-state coalition of nine state attorneys general in submitting comments strongly opposing the Environmental Protection Agency’s proposed rule allowing states to delay developing compliance plans for 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. State plans were originally due on May 30, 2017, and the EPA’s proposed rule would extend the states’ deadline until August 29, 2019.
[ Comments | Release | 9 AGs: California; Illinois; Maryland; New Jersey; New Mexico; Oregon; Pennsylvania; Rhode Island; Vermont ]


December 2018

December 31, 2018
Massachusetts Filed Brief in Support of State’s 2019-2021 Joint Statewide Energy Efficiency Plan
Massachusetts Attorney General Maura Healey, through the Attorney General’s Office of Ratepayer Advocacy, filed a brief in support of the state’s 2019-2021 Joint Statewide Energy Efficiency Plan. Among other demand reduction and efficiency measures, the plan notably includes new fuel switching incentives to encourage consumers to move away from heating fuels like oil and propane, toward “more efficient and affordable heating fuels and technologies such as air source heat pumps.” State officials estimate the plan will yield $8 billion in ratepayer savings, as well as reductions in peak energy demand and greenhouse gas emissions.
[ Brief | 1 AG: Massachusetts ]


December 21, 2018
Added Fourth National Climate Assessment to Official Rulemaking Records for EPA’s Proposed Rollbacks of Clean Car Standards, Clean Power Plan
New York Attorney General Barbara Underwood and California Attorney General Xavier Becerra led a coalition of 21 state attorneys general in adding the Fourth National Climate Assessment to the rulemaking record for the EPA’s proposed rules to roll back the national Clean Car Standards and the Clean Power Plan. Earlier in December, AG Underwood and AG Becerra led a coalition of 20 state AGs in sending a letter to EPA Acting Administrator Andrew Wheeler calling on the agency to withdraw its proposed rollbacks in light of the National Climate Assessment’s findings.
[ NY Release | CA Release | 21 AGs: New York; California; Connecticut; Delaware; Hawai'i; Illinois; Iowa; Maine; Maryland; Massachusetts; Minnesota; North Carolina; New Jersey; New Mexico; Oregon; Pennsylvania; Rhode Island; Vermont; Virginia; Washington; Washington; D.C. ]


December 20, 2018
Moved to Intervene in Lawsuit Challenging Permits for Seismic Testing Along the Atlantic Coast
Maryland Attorney General Brian Frosh led a coalition of nine state attorneys general in filing a motion to intervene in a lawsuit currently before the U.S. District Court for the District of South Carolina challenging the Trump administration’s decision to allow five companies to begin seismic testing for oil and gas drilling in the Atlantic Ocean. The attorneys general sought a court injunction halting final authorizations issued by the National Oceanic and Atmospheric Administration allowing the companies to incidentally harass marine mammals during seismic testing.
[ Motion to Intervene | Release | 9 AGs: Maryland; Connecticut; Delaware; Maine; Massachusetts; New Jersey; New York; North Carolina; Virginia ]


December 17, 2018
Filed Amicus Brief in Support of City of Oakland’s Coal Transport and Storage Prohibition Ordinance
California Attorney General Xavier Becerra filed an amicus brief in support of the City of Oakland’s ordinance prohibiting storing and handling of coal at the Oakland Bulk and Oversized Terminal (OBOT). The ordinance was passed in 2016 in response to concerns about health and safety impacts on nearby West Oakland residents. The brief was filed in the U.S. Court of Appeals for the Ninth Circuit following an appeal by the City of Oakland challenging a lower court decision finding the City in breach of its contract with the OBOT. In his brief, AG Becerra noted that West Oakland is a minority community that bears a disproportionate share of the burden from pollution generated in the Bay Area. AG Becerra also noted that the City’s police power and public trust obligations under California state law cannot be superseded by a contract with a third party.
[ Amicus Brief | Release | 1 AG: California ]


December 17, 2018
Submitted Comments Opposing EPA’s Proposed Rollback of New Source Performance Standards for Methane Emissions from Oil and Gas Development
California Attorney General Xavier Becerra led a multi-state coalition of 13 attorneys general in submitting comments strongly objecting to the EPA’s proposed rule rolling back Obama-era New Source Performance Standards regulating methane, volatile organic compounds and hazardous air pollutants for new, reconstructed, and modified sources in the oil and gas industry. In their comments, the AGs noted that the EPA’s proposed rule violates several tenets of the Clean Air Act, including the law’s requirement that new standards must represent the best system of emissions reduction. The attorneys general also pointed to serious flaws in the regulatory process used by the EPA, noting that the agency failed to address the robust administrative record developed by the Obama administration in its proposed replacement rule.
[ Comments | 13 AGs: California; Connecticut; Illinois; Iowa; Maine; Maryland; Massachusetts; New Jersey; New York; Oregon; Rhode Island; Vermont; Washington ]


December 14, 2018
Filed Amicus Brief in Support of Vermont’s Challenge to EPA’s Mercury Reporting Rule
Oregon Attorney General Ellen Rosenblum led a coalition of ten state attorneys general in filing an amicus brief in support of Vermont’s challenge to the EPA’s changes to mercury inventory reporting requirements under the Toxic Substances Control Act (TSCA). The EPA’s June 2018 final rule exempted persons who use mercury-added products as a component of a larger product from submitting periodic reports to the EPA, and also reduced the frequency requirements of reporting. The AGs’ brief argued the rule’s exemptions are inconsistent with the text of TSCA and that the rule would constrain states’ ability to effectively regulate mercury by denying states the opportunity to access a comprehensive and accurate federal inventory of mercury supply, use and trade.
[ Amicus Brief | Release | 11 AGs: Oregon; Connecticut; Hawai'i; Massachusetts; Maine; Maryland; Minnesota; New Jersey; Pennsylvania; Rhode Island; Washington ]   


December 11, 2018
Submitted Letter Calling on EPA to Withdraw Proposed Rollbacks of Clean Car Standards and the Clean Power Plan in Light of Fourth National Climate Assessment
New York Attorney General Barbara Underwood and California Attorney General Xavier Becerra led a coalition of 20 state attorneys general in submitting a letter to EPA Acting Administrator Andrew Wheeler calling on the agency to withdraw its proposed rollbacks of the Clean Power Plan and Clean Car Standards. In their letter, the AGs warned the EPA not to ignore the findings of the Fourth National Climate Assessment, which made clear that climate change is already negatively impacting the economy, environment, public health and national security, and that the effects will only intensify in the coming years. The AGs urged the EPA to withdraw its proposed rollbacks, or at a minimum to reopen the proposed replacement rules for further public comment.
[ Letter | 20 AGs: New York; California; Connecticut; Delaware; Hawai'i; Illinois; Iowa; Maine; Maryland; Massachusetts; Minnesota; New Jersey; New Mexico; North Carolina; Oregon; Pennsylvania; Vermont; Virginia; Washington; Washington, D.C. ]


December 7, 2018
Filed Brief Challenging EPA’s Mercury Reporting Rule
Vermont Attorney General T.J. Donovan filed a brief challenging the Environmental Protection Agency’s June 2018 final rule on the required contents of the periodic mercury inventory reports outlined under the Toxic Substances Control Act. The final rule exempted persons who use mercury-added products as a component of a larger product from submitting periodic reports to the EPA, and also reduced the frequency requirements of reporting.
[ Brief | 1 AG: Vermont ]


December 7, 2018
Sued Mountain Valley Pipeline Company Over Environmental Violations
Virginia Attorney General Mark Herring, the Virginia Department of Environmental Quality and the Virginia State Water Control Board sued Mountain Valley Pipeline, LLC, over violations of state water quality, sediment control, and storm-water management laws and regulations. The lawsuit alleges that Mountain Valley Pipeline, LLC, failed to comply with the conditions of a state water quality permit issued by Virginia, and required for compliance with Section 401(a) of the Clean Water Act.
[ Release | Lawsuit | 1 AG: Virginia ]


December 6, 2018
Filed Eight Lawsuits Against Polluters in Vulnerable Communities Across New Jersey
New Jersey Attorney General Gurbir Grewal filed eight lawsuits targeting polluters responsible for creating environmentally hazardous conditions in low-income and minority communities throughout New Jersey. The lawsuits range from forcing industrial chemical companies to complete state-mandated cleanups of toxic materials, to addressing groundwater contamination and repairing wetlands degraded by dumping of unauthorized solid waste. In addition to filing the lawsuits, AG Grewal announced the restructuring of the New Jersey Office of the Attorney General to include a new unit focused on environmental justice issues, the “Environmental Enforcement and Environmental Justice Section.”
[ Release | Lawsuits | 1 AG: New Jersey ]


December 5, 2018
Wrote a Letter to the Senate Opposing Bernard McNamee’s Confirmation as FERC Commissioner
A coalition of five state attorneys general led by Massachusetts Attorney General Maura Healey wrote a letter to Senate Majority Leader Mitch McConnel and Senate Minority Leader Chuck Schumer opposing Bernard McNamee’s confirmation as FERC Commissioner. The AGs cited McNamee’s leading role in crafting the Energy Department’s proposal to bail out uneconomical coal-fired power plants as a primary reason for their opposition, noting that McNamee has continued to advocate for a plan to subsidize the coal industry in the time since the Trump administration dropped its previous proposal. The AGs also cited McNamee’s stated opposition to the Clean Power Plan on political grounds, as well as his comments describing the choice between renewable energy and fossil fuels as a “battle between liberty and tyranny” as examples of his lack of impartiality on issues he would have to rule on as FERC Commissioner.
Letter  5 AGs: Massachusetts; Oregon; Maryland; New York; Illinois ]


December 4, 2018
Filed Brief in Opposition to ExxonMobil’s Petition for Writ of Certiorari
Massachusetts Attorney General Maura Healey filed a brief in opposition to ExxonMobil’s petition for writ of certiorari requesting Supreme Court review of the Massachusetts Supreme Court’s ruling in Exxon Mobil Corp. v. Healey. In April 2018, the Massachusetts Supreme Court ruled in favor of Attorney General Healey, allowing her office to proceed with its investigation into whether ExxonMobil violated state law by failing to disclose information about climate change-related risks to its business. In January 2019, following AG Healey’s brief, the Supreme Court of the United States denied ExxonMobil’s petition for writ of certiorari.
[ Brief | 1 AG: Massachusetts ]


December 4, 2018
Filed a Motion to Intervene in Suit Over EPA Failure to Regulate Ground-Level Ozone Pollution
New York Attorney General Barbara Underwood and New Jersey Attorney General Gurbir Grewal filed a motion to intervene in ongoing litigation first brought by Delaware Attorney General Matthew Denn and Maryland Attorney General Brian Frosh over the EPA’s refusal to regulate ground-level ozone pollution from upwind states. The litigation began over the EPA’s October 2018 decision to deny four petitions brought by Delaware and one petition brought by Maryland to regulate out of state emissions adversely impacting the states’ ability to attain compliance with 2008 and 2015 National Ambient Air Quality Standards. New York has an unresolved petition before the EPA naming the same upwind sources cited in the Delaware and Maryland petitions.
Release | Motion to Intervene | 2 AGs: New York; New Jersey ]


December 3, 2018
Submitted an Amicus Brief Asking Court to Reject FERC Policy Curtailing NEPA Evaluations of Greenhouse Gas Emissions for New Natural Gas Pipelines
A multi-state coalition of seven State Attorneys General led by New York Attorney General Barbara Underwood submitted an amicus brief to the U.S. Court of Appeals for the District of Columbia asking the Court to reject a new FERC policy halting National Environmental Policy Act (NEPA) evaluations of greenhouse gas emissions from new natural gas pipelines. The AGs noted that FERC’s decision ignores the controlling precedent established by Sierra Club v. FERC, which held that increased greenhouse gas emissions are subject to NEPA review. Additionally, The AGs noted that FERC issued its policy in a “procedurally defective manner” during a rehearing on an individual adjudicatory proceeding. The AGs also noted that FERC’s ruling appears to be designed to limit public input on the climate change impacts of future natural gas pipelines, which are “reasonably foreseeable” environmental impacts of new pipeline construction and subject to NEPA review.
Amicus Brief | 7 AGs: New York; New Jersey; Maryland; Massachusetts; Oregon; Washington; Washington, D.C. ]


November 2018

November 30, 2018
Sued the Energy Department Over Plan to Ship and Store Nuclear Waste in Nevada
Nevada Attorney General Adam Laxalt sued the Energy Department (DOE) over its plan to ship one metric ton of radioactive plutonium from South Carolina to Nevada for storage at a site northwest of Las Vegas. In the lawsuit, AG Laxalt expressed serious concerns regarding the public health risks associated with exposure to radiation, as well as the potential for the plan to set a precedent for future disposal of nuclear waste in Nevada. The lawsuit also alleges that DOE failed to adequately consider alternative storage locations in other states, including Texas, Tennessee and New Mexico.
[ Lawsuit | 1 AG: Nevada ]


November 29, 2018
Issued Legal Advisory on Migratory Bird Treaty Act and California Law
The Office of California Attorney General Xavier Becerra and the California Department of Fish and Wildlife jointly released a legal advisory affirming that protections for migratory birds under California state law remain in place. The state’s advisory responds to a controversial Opinion by Interior Department Acting-Solicitor Daniel Jorjani overturning decades of regulatory precedent on the U.S. Fish and Wildlife Service’s ability to hold companies accountable under the Migratory Bird Treaty Act for the predictable harm that their operations have on birds, even if that harm is unintentional. There is ongoing litigation over the Interior Department’s decision that has been brought by a coalition of eight AGs.
Legal Advisory | 1 AG: California ]


November 27, 2018
Provided Official Testimony on EPA Landfill Methane Emissions Delay Rule
A representative for the Office of Maryland Attorney General Brian Frosh provided official testimony at the Environmental Protection Agency’s public hearing regarding the agency’s proposal to delay the development of legally required standards for methane emissions from municipal solid waste landfills. In his testimony, Special Assistant Attorney General Josh Segal noted that the agency has failed to enforce existing deadlines for restricting methane emissions from landfills, which is enabling continued, unrestricted releases of 330,000 tons of methane per year. He also noted that the agency has provided no legal basis for justifying an extended, additional delay.

The EPA’s proposed delay rule comes in response to a lawsuit filed in May 2018 by eight attorneys general, led by California Attorney General Xavier Becerra, over the agency’s failure to enforce its 2016 requirements regulating methane emissions from municipal landfills.
Testimony | 1 AG: Maryland ]


November 19, 2018
Filed an Amicus Brief Opposing the Trump Administration’s Plan to Strip Protections from National Monuments
A multi-state coalition of 11 state attorneys general led by Washington Attorney General Bob Ferguson filed an amicus brief in the U.S. District Court of Appeals for the District of Columbia in opposition to the Trump administration’s plan to revoke national monument protections for large portions of the Bears Ears and Grand Staircase-Escalante National Monuments in Utah. The amicus brief supports ongoing litigation brought by national environmental groups and Native American tribes against the Trump administration’s actions.

The AGs noted that Executive Order 13792, which opened up the Bears Ears and Grand Staircase-Escalante National Monuments to mining, oil and gas extraction violates the Antiquities Act, which does not authorize Presidents to undue National Monument protections extended by previous administrations. In their brief, the AGs note that Executive Order 13792 also authorizes an open-ended review of protections for other national monument across the country by Interior Secretary Ryan Zinke – a review that is also unlawful under the Antiquities Act.
Release | Amicus Brief | 11 AGs: Washington; California; Hawai'i; Maine; Maryland; Massachusetts; New Mexico; New York; Oregon; Rhode Island; Vermont ]


November 15, 2018
Submitted Comments Calling on EPA to Withdraw Proposed Rollback of Hydrofluorocarbons Rule
Massachusetts Attorney General Maura Healey and California Attorney General Xavier Becerra led a multi-state coalition of 16 state attorneys general in submitting comments calling on the EPA to withdraw its proposed rule rolling back appliance-maintenance and leak-repair standards for refrigerants. The AGs’ comments noted that, if finalized, the EPA’s rollback would lead to an increase in emissions of hydrofluorocarbons (HFCs) — a powerful greenhouse gas, and the fastest growing source of greenhouse gas emissions in the United States. The attorneys general also called on the EPA to drop its proposal to delay compliance deadlines for the 2016 Obama-era rule the rollback would replace, noting that the agency has “failed to provide any lawful basis” for its proposed delay.
[ Comments | Release16 AGs: Massachusetts; California; Delaware; Illinois; Iowa; Maine; Maryland; Minnesota; New Jersey; New York; North Carolina; Oregon; Vermont; Virginia; Washington; Washington, D.C. ]


November 9, 2018
Sent a Letter to USDA Opposing the Sale of Wild Horses for Commercial Slaughter
On October 10, 2018, the U.S. Forest Service initiated a roundup of 1,000 protected wild horses on the Devil’s Garden Plateau Wild Horse Territory in California as part of its wildlife maintenance and land management program. The Forest Service announced plans to initially auction the wild horses in accordance with California state law, which prohibits the sale or acceptance of any horse by any person with the intent of killing that horse. Following its initial auction, the Forest Service intends to initiate an unconditional sale of any remaining wild horses, which would allow persons or entities to purchase the wild horses for commercial use, including food production.

California Attorney General Xavier Becerra sent a letter to Agriculture Department Secretary Sonny Perdue opposing the Forest Service’s plan. In his letter, AG Becerra noted his obligation to enforce California’s legal prohibition against the sale of horses for commercial use, and requested that all horses sold in the roundup go to buyers declaring their compliance with California state law.
Release | Letter1 AG: California ]


November 6, 2018
Submitted Comments to FERC Opposing PJM Market Rules Targeting NJ State Clean Energy Policies
In June 2018, FERC ordered the PJM Interconnection (a grid operator managing one-fifth of the total U.S. electricity market) to re-structure its capacity market to account for what the Commission referred to as “price suppression” from state clean energy policies. In response, PJM put forward two proposals that would remove state-supported clean energy from its capacity market and establish a new Minimum Offer Price Rule (MOPR) for state-supported clean energy. If enacted, PJM’s proposals would undercut state clean energy policies by establishing an artificial price floor designed to benefit fossil-fuel energy sources.

New Jersey Attorney General Gurbir Grewal and the New Jersey Board of Public Utilities submitted joint comments to FERC opposing PJM’s proposals during the ensuing public proceeding. In their joint comments, AG Grewal and the Board of Public Utilities called on FERC to rescind its order, noting that the Commission’s decision arbitrarily departs from past precedent allowing states to set energy policies based on environmental considerations without subjecting state-supported renewable energy sources to a MOPR. The comments also note that energy tax programs have been artificially reducing the cost of fossil fuel energy sources such as natural gas, oil and coal for more than a century, but the Commission was not including these programs as “out-of-market” forces leading to price suppression in the PJM capacity market. (Note: Illinois AG Lisa Madigan and Washington, D.C. AG Karl Racine also submitted comments to FERC opposing PJM’s proposals on October 2, 2018.)
Comments | 1 AG: New Jersey ]


November 5, 2018
Submitted a Petition to Review EPA’s Decision Not to Regulate Upwind Emissions from Neighboring States
Delaware Attorney General Matthew Denn submitted a petition for review to the U.S. Court of Appeals for the District of Columbia over the EPA’s decision to deny four petitions submitted by the state over emissions from neighboring states. In its petitions, Delaware requested that EPA find that emissions from neighboring states were contributing to Delaware’s nonattainment of ozone national ambient air quality standards. The EPA denied Delaware’s petitions, as well as a separate petition filed by Maryland in a final decision filed on October 5, 2018.

UPDATE: On December 4, New York Attorney General Barbara Underwood and New Jersey Attorney General Gurbir Grewal filed a motion to intervene in the litigation. The motion has been granted.
Petiton for Review | 1 AG: Delaware ]


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; Hawai'i; 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 24, 2018
Sued Exxon Mobil for Misleading Investors Over Risk of Climate Change Regulations
New York Attorney General Barbara Underwood filed a lawsuit against Exxon Mobil Corp. alleging that the company "misled investors regarding the risk that climate change regulations posed to its business." In her suit, AG Underwood notes that Exxon Mobil spent years assuring investors that it was fully accounting for the probability of future regulations on greenhouse gas emissions, but that the company was privately failing to take any of the underlying action it had promised, hiding its financial exposure to investors.
Release | Lawsuit | 1 AG: New York ]


October 23, 2018
Filed a Motion to Intervene in Lawsuit Over EPA’s Rollback of Air Toxic Compliance Requirements for Cement Plants
California Attorney General Xavier Becerra and Illinois Attorney General Lisa Madigan filed a motion to intervene in Downwinders at Risk v. EPA, a lawsuit brought against an EPA rule finalized in July 2018 severely weakening existing air toxic compliance requirements for portland cement plants. The AGs noted that, instead of meeting its statutory obligations under section 112(d)(6) to review the Agency’s industry specific standards for hazardous air pollutants and propose new technology-based emission standards mitigating public risk, the EPA’s final rule establishes a regulatory loop-hole allowing cement kiln operators to evade emissions standards through periodically shutting down their operations.

The AG’s note that the EPA’s new six-month compliance holiday for cement kiln operators can be applied to any shutdown event, allowing operators to space out shutdown events periodically to avoid any future compliance with existing emissions standards. The AGs also noted that disadvantaged communities bear the greatest exposure to hazardous air pollution from cement kilns, which emit dangerous carcinogens and neurotoxins including mercury, lead, arsenic, cadmium, and dioxins.
Release | Motion to Intervene | 2 AGs: California; Illinois ]


October 15, 2018
Sued the EPA Over Failure to Regulate NOx Emissions from Neighboring States
Maryland Attorney General Brian Frosh sued the EPA in the U.S. Court of Appeals for the D.C. Circuit for its refusal to require power plants in neighboring states to reduce nitrogen oxide emissions. Maryland initially petitioned the EPA to regulate nitrogen oxide emissions in nearby states in November 2016 under the Clean Air Act. In its petition, Maryland noted that out-of-state nitrogen oxide is a precursor to the dangerous levels of ozone that plague the State in the hot summer months. In June 2018, a Maryland federal judge ordered the EPA to make a final decision on Maryland’s 2016 petition, which the EPA subsequently denied in September. Maryland is suing the EPA over the denial of its petition to protect residents of the state from the negative health consequences of out-of-state pollution.

UPDATE: On November 5, Delaware Attorney General Matthew Denn submitted a Petition to Review over the EPA’s decision to deny its four petitions to regulate ground-level ozone pollution from neighboring states. On December 4, New York and New Jersey filed a Motion to Intervene in the litigation, which has subsequently been granted.
Release | Petition for Review | 1 AG: Maryland ]


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; Hawai'i; Illinois; Iowa; Maine; Maryland; Minnesota; Mississippi; New Jersey; New Mexico; North Carolina; Pennsylvania; Rhode Island; Vermont; Virginia; Washington; Washington, D.C. ]


October 2, 2018
Submitted Comments to FERC Calling for the Rejection of PJM Market Rules Canceling Washington, D.C.’s Renewable Energy Policies
In June 2018, FERC ordered the PJM Interconnection (a grid operator managing one-fifth of the total U.S. electricity market) to re-structure its capacity market to account for what the Commission referred to as “price suppression” from state clean energy policies. In response, PJM put forward two proposals that would remove state-supported clean energy from its capacity market and establish a new Minimum Offer Price Rule (MOPR) for state-supported clean energy. If enacted, PJM’s proposals would counter-act state clean energy policies through establishing an artificial price floor designed to benefit fossil-fuel energy sources.

During the ensuing FERC proceeding, a representative of Washington, D.C. Attorney General Karl Racine submitted comments calling for the Commission to reject PJM’s proposals, noting that the Commission’s Order targets payments made under Washington, D.C.’s Renewable Energy Credit (REC) program, which is beyond the scope of FERC’s regulatory authority under the Federal Power Act. The comments went on to note that Washington, D.C. has committed to reducing emissions by 50 percent from 2006 levels by 2032, and that Washington, D.C. has already succeeded in reducing emissions by 24 percent from 2006 levels through its clean energy policies. (Note: Illinois AG Lisa Madigan also submitted comments to FERC opposing PJM’s proposals on October 2, 2018)
Comments 1 AG: Washington, D.C. ]


October 2, 2018
Submitted Comments to FERC Calling for the Commission’s to Reject PJM Proposals Cancelling Illinois’s Zero Emission Credit Program
In June 2018, FERC ordered the PJM Interconnection (a grid operator managing one-fifth of the total U.S. electricity market) to re-structure its capacity market to account for what the Commission referred to as “price suppression” from state clean energy policies. In response, PJM put forward two proposals that would remove state-supported clean energy from its capacity market and establish a new Minimum Offer Price Rule (MOPR) for state-supported clean energy. If enacted, PJM’s proposals would counter-act state clean energy policies through establishing an artificial price floor designed to benefit fossil-fuel energy sources.

Illinois Attorney General Lisa Madigan called on FERC to reject PJM’s proposals in comments filed during the ensuing proceeding. AG Madigan noted that electricity prices in the ComEd Locational Delivery Area serving Northern Illinois continued to rise following the institution the State’s Zero Emission Credit (ZEC) system, demonstrating that Illinois’s clean energy policies were not acting as a mechanism for artificially suppressing prices. AG Madigan requested that FERC institutes a minimum price mechanism in a manner that does not raise capacity market prices to unjust and unreasonable levels. The comments also urged FERC to provide states with sufficient time to adjust state-level policies in response to the finalized capacity market rules.
Comments | Responsive Brief Nov. 6 | 1 AG: Illinois ]


October 1, 2018
Testified in EPA’s Chicago Hearing on the Administration’s Clean Power Plan Replacement
Illinois Attorney General Lisa Madigan testified at the Environmental Protection Agency’s only hearing for its proposal to replace the Obama-era Clean Power Plan. In her testimony, AG Madigan objected to weakening restrictions on carbon emissions from the coal industry, noting that the Administration’s proposed rollback would damage vulnerable ecosystems in Lake Michigan and harm Illinois’ agricultural sector by increasing incidents of extreme precipitation and raising the number of extreme droughts and floods.

AG Madigan also noted that the proposed rule is neither affordable nor clean, pointing to EPA’s own analysis that the new rule would lead to as many as 1,400 preventable deaths and 48,000 new cases of exacerbated asthma. Special Assistant Attorney General Gavin McCabe, representing New York Attorney General Barbara Underwood, also testified at the EPA hearing, joining AG Madigan in criticizing the proposed rule’s increase in preventable deaths and failure to meaningfully reduce carbon emissions.
Illinois Testimony | New York Testimony | 2 AGs: Illinois; New York ]


September 2018

September 24, 2018
Submitted Comments Rejecting Interior and Commerce Department Proposals to Erode ESA Protections
A coalition of 10 AGs submitted comments to the Interior and Commerce Departments rejecting the Trump Administration’s plan to curtail species protections under the Endangered Species Act (ESA). On July 25, the Administration put forward a series of proposed rules that would overhaul decades of ESA regulatory precedent and limit protections for species threatened by climate change. In addition to their anti-climate provisions, the Administration’s proposed rules would inject economic analysis into listing decisions for species.

The AGs noted that the proposed rules are “unauthorized by law” under the Administrative Procedures Act (APA) because they depart from the text of the statute.  On this point, the AGs called attention to a provision in Section 4 of the ESA which unambiguously prohibits the use of economic analysis in listing decisions. Additionally, the AGs noted that the Administration had failed to meet its obligations under the National Environmental Policy Act (NEPA) based on its lack of analysis into the “devastating environmental effects” of the proposed rules. Failure to comply with NEPA also are grounds to vacate the proposed rules under the APA, the AGs noted.
Release | Comments | 10 AGs: Massachusetts; California; Maryland; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; Washington, D.C. ]


September 24, 2018
Testified at EPA’s Fresno Hearing on Vehicle Emissions Standards Reductions
California Attorney General Xavier Becerra testified during the EPA’s first public hearing for its proposed rule rolling back emissions standards for passenger cars and light trucks for model years 2021 through 2026, and revoking California’s waiver under the Clean Air Act.

AG Becerra emphasized that California’s leadership on clean energy has been an economic boon for the State, and pointed out that the State’s historic leadership on emissions standards has not stopped it from becoming the fifth-largest economy in the world. AG Becerra also rejected the legality of the Trump Administration’s proposal to revoke California’s waiver to set its own greenhouse gas emissions standards, noting that California has obtained more than 100 Clean Air Act waivers in the past 40 years and the EPA has never revoked a single waiver before. “Those who claim to support “states’ rights” should make sure they’re not trampling on ours,” said Attorney General Becerra.
Release | Testimony | 1 AG: California ]


September 19, 2018
Reached a Settlement Agreement with Energy Department over Hazardous Vapors at Hanford Nuclear Reservation
Washington Attorney General Bob Ferguson reached a settlement agreement with the Energy Department requiring the federal government to implement systems to treat or capture hazardous tank vapors at the Hanford Nuclear Reservation, a 586-mile Superfund site managed by the department. In September 2015, AG Ferguson filed a lawsuit against the Energy Department and Washington River Protection Solutions over their failure to address issues related to worker exposure to noxious fumes and chemical vapors at the site, which Attorney General Ferguson noted has been causing illness and prolonged health effects for workers at the site for 20 years.
Release | Settlement Agreement | 1 AG: Washington ]


September 18, 2018
Filed Suit Over Administration’s Repeal of the Methane Waste Prevention Rule
California Attorney General Xavier Becerra and New Mexico Attorney General Hector Balderas filed suit against the Trump Administration on September 18 over the Administration’s decision to dismantle the Obama-era Methane Waste Prevention Rule. In their lawsuit, the attorneys general called the Methane Waste Prevention Rule “a commonsense measure” that would “reduce the enormous waste of natural gas on public lands that results from venting, flaring, and equipment leaks.” The AGs also noted that the Administration’s rollback of the rule comes in the wake of its attempt to “illegally delay and suspend its implementation.” 

“With this attempt to axe the Waste Prevention Rule, the Trump Administration risks the air our children breathe and at taxpayers’ expense,” said Attorney General Becerra. “We’ve sued the Administration before over the illegal delay and suspension of this rule and will continue doing everything in our power to hold them accountable for the sake of our people and planet.”
Release | Lawsuit | 2 AGs: California; New Mexico ]


September 13, 2018
Sent a Letter to Congress Urging Full Funding for the EPA, Removing Anti-Environmental Riders
A coalition of 13 attorneys general transmitted a letter to the Democratic and Republican leaders of both houses of Congress urging an agreement on a federal budget for fiscal year 2019 that preserves the Environmental Protection Agency’s funding levels relative to its FY 2018 budget. The AGs also argued against including any anti-environmental riders in the budget agreement that would “prohibit, de-fund or otherwise amend key health and environmental protection policies of the Agency.”
Letter | 13 AGs: New York; California; Delaware; Iowa; Maine; Maryland; Massachusetts; New Jersey; Oregon; Rhode Island; Vermont; Washington; Washington, D.C. ]


September 10, 2018
Submitted Petition to Review for the EPA’s Mercury Inventory Rule
Vermont Attorney General T. J. Donovan submitted a petition for review to the U.S. Court of Appeals for the Second Circuit for the EPA’s “Mercury; Reporting Requirements for the TSCA Mercury Inventory” rule. The EPA is required to develop mercury reporting regulations under the Toxic Controlled Substances Act (TSCA), which directs the Agency to create a comprehensive inventory of mercury “supply, use and trade” in the United States. The EPA’s final rule exempts companies from reporting industrial mercury use if those companies are already reporting under TSCA’s Chemical Data Reporting requirements, which critics argue violates Congress’s clear intent under the law, and will lead to an incomplete and outdated inventory of mercury. 
[ Petition | 1 AG: Vermont ]


September 5, 2018
Sued Interior Over Opinion Gutting Enforcement of the MBTA
Eight attorneys general sued the Interior Department, the U.S. Fish and Wildlife Service and Interior’s Acting-Solicitor Daniel Jorjani over the Trump Administration’s decision to reverse decades of regulatory precedent related to the Migratory Bird Treaty Act (MBTA). The AGs brought their suit in the U.S. District Court for the Southern District of New York, and are asking the court to vacate what is known as the Jorjani Opinion, a December 2017 Solicitor’s Opinion reinterpreting the scope of the MBTA.

The AGs’ suit argues that the Administration’s new interpretation of the MBTA is inconsistent with the legislative intent of the MBTA to prohibit the unintentional harming of migratory birds, and is an arbitrary and capricious regulatory action in violation of the Administrative Procedures Act.
Release | Lawsuit | 8 AGs: New York; California; Illinois; Maryland; Massachusetts; New Jersey; New Mexico; Oregon ]


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; Washington, D.C. ]


August 23, 2018
Submitted comments opposing EPA’s Proposal to Gut Chemical Safety Risk Management Rule
A coalition of 12 AGs submitted comments to the EPA arguing against the Agency’s proposal to roll back significant components of the Chemical Accident Safety Rule. The targeted provisions include a requirement that companies share information about the dangerous chemicals they produce and to take accident prevention measures. The attorneys general called on EPA to abandon the rollback because the proposal threatens the safety of workers, first responders and surrounding communities and is unlawful under the Clean Air Act.

The AGs’ comments came less than a week after the D.C. Circuit Court of Appeals ruled in favor of a coalition of state attorneys general that had previously sued the EPA over the Agency’s decision to delay implementation of the Risk Management Rule for 19 months.
Release | Comments | 12 AGs: New York; Illinois; Iowa; Maine; Maryland; Massachusetts; New Jersey; New Mexico; Oregon; Rhode Island; Vermont; Washington ]


August 21, 2018
Issued Statements Opposing EPA’s CPP Replacement
Eight attorneys general issued statements opposing the EPA’s Clean Power Plan Replacement, the so called “Affordable Clean Energy” rule. The AGs noted that the Trump Administration’s new replacement to the Obama-era rule limiting greenhouse gas emissions from the U.S. electricity sector would result in increased GHG emissions from the coal industry -- exacerbating climate change, rather than mitigating it. The AGs promised legal action if the Administration fails to abandon its current proposal.
Release | 8 AGs: California; Connecticut; Illinois; Iowa; Massachusetts; Maryland; New York; Virginia ]


August 20, 2018
Filed an Amicus Brief Opposing the Lighthouse Resources Inc. Coal Export Terminal
A coalition of 6 AGs submitted an amicus brief to the U.S. District Court of the Western District of Washington in support of Washington Gov. Jay Inslee’s decision to deny permitting to Lighthouse Resources, Inc. for the construction of a new coal export terminal in Washington. The AGs argued that States have a sovereign right to set their own policies on issues related to “public health, safety, and the environment,” and that overriding Washington State’s capacity to deny permitting for the export terminal would set a dangerous precedent for this right.
[ Amicus Brief WA Motion for Summary Judgment6 AGs: California; Maryland; Massachusetts; New Jersey; New York; Oregon ]


August 20, 2018
Submitted Comments to CEQ Demanding that the White House Drop its NEPA Overhaul
A coalition of 9 AGs submitted comments to the Council on Environmental Quality (CEQ) urging “restraint” as the Trump Administration considers a proposal that could open the door for an overhaul of decades of regulatory precedent related to the implementation of the National Environmental Policy Act (NEPA). The AGs argued that CEQ failed to produce data to support the need for major changes to current NEPA regulations, and expressed concern that NEPA revisions may limit the public’s ability to participate in future environmental reviews and threaten the health of states’ residents and the integrity of local ecosystems.
Release | Comments | 9 AGs: California; New York; Illinois; Maryland; Massachusetts; New Jersey; Oregon; Vermont; Washington ]


August 17, 2018
Submitted Comments Rejecting EPA’s Proposed Anti-Science Rule
After AGs wrote letters to EPA and the National Academy of Sciences and testified in opposition to a proposal to undermine the use of science in EPA rulemaking, a coalition of 16 AGs submitted comments to the EPA demanding the Agency pull back the proposed rule. EPA’s proposed rule would limit EPA reliance on scientific studies that do not provide public access to all underlying data and methodologies, a move that would prevent the agency from using peer-reviewed research into the health effects of pollution and human exposure to harmful substances.

The AGs noted that it is common practice to keep the medical histories of individuals participating in such studies confidential, and argued that EPA’s proposal has less to do with improving “transparency” than excluding “the science underpinning EPA action to protect the environment and our citizens from harm.” The AGs also argued that EPA’s proposed rule runs contrary to existing federal law requiring the Agency to consider the best science available in the development of new rules.
[ Release | Comments | 16 AGs: New York; New Jersey; California; Connecticut; Delaware; Illinois; Iowa; Maine; Maryland; Massachusetts; Minnesota; North Carolina; Oregon; Pennsylvania; Washington; Washington, D.C. ]


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; Washington, D.C. ]


August 6, 2018
Submitted Comments to BSEE Objecting to the Rollback of Key Offshore Drilling Safety Requirements
A coalition of 10 AGs submitted comments to the Interior Department’s Bureau of Safety and Environmental Enforcement (BSEE), asking the Bureau to abandon its proposed rollback of critical components of the Blowout Preventer and Well Control Rule. The AGs argued that BSEE’s plan would weaken safety standards and increase the likelihood of another spill like the Deepwater Horizon disaster of 2010.

California Attorney General Xavier Becerra also argued against BSEE’s proposed rollback in comments filed separately with the Bureau. Attorney General Becerra’s comments strongly aligned with the comments submitted by the other 10 AGs, and raised specific concerns regarding BSEE’s rule-making methodology and failure to provide an Environmental Impact Statement as required by the National Environmental Policy Act (NEPA).
Release | Joint Comments | California Comments | 11 AGs: California; Maryland; Connecticut; Maine; New Jersey; New York; North Carolina; Oregon; Washington; Virginia ]


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; Washington, D.C. ]


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; Washington, D.C.]


August 2, 2018
Petitioned for Review of EPA’s Revised Ozone Standards
Illinois Attorney General Lisa Madigan petitioned the U.S. Court of Appeals for the District of Columbia to review revised Ozone standards finalized by the Environmental Protection Agency (EPA) on June 4. The rule is titled “Additional Air Quality Designations for the 2015 Ozone National Ambient Air Quality Standards.” The petition was joined by the City of Chicago.
Petition | 1 AG: Illinois ]


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; Washington, D.C. ]


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; Washington, D.C. ]


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; Washington, D.C. 


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; Washington ]


July 10, 2018
New York AG Submitted Letter to FERC on Greenhouse Gas Emissions from Natural Gas Projects
New York Attorney General Barbara Underwood submitted a letter to FERC sharply critical of the Commission’s May 18, 2018 decision to deny a rehearing on its Certificate of Public Convenience and Necessity for Dominion Transmission, Inc. The decision represented “a sudden and unprompted departure” from FERC’s practice of evaluating the environmental impact of greenhouse gas emissions, wrote Underwood.

The letter goes on to detail the State’s concern that the decision was designed to shield FERC from further judicial review, suggesting that the agency has “pre-judged the outcome” of its proceeding soliciting comments on the evaluation of greenhouse gas emissions for future pipelines. The letter concluded by demanding FERC to “disavow the majority opinion of the Rehearing Denial” and “limit the determination” of its decision in order to “preserve the integrity” of its own proceeding.
Letter | 1 AG: New York ]


July 2, 2018
Rhode Island Sued Fossil Fuel Companies Over Impacts of Climate Change
Rhode Island Attorney General Peter Kilmartin filed a lawsuit in state court against 21 fossil fuel companies, including Chevron Corporation, Exxon Mobil, BP and other major oil producers. The suit advances eight claims against the fossil fuel companies for producing, promoting and marketing of fossil fuel products, while concealing the known hazards of their products. AG Kilmartin alleged that the 21 companies were directly responsible for the release of hundreds of gigatons of carbon dioxide emissions between 1965 and 2015 that have caused harm that Rhode Island has experienced and will continue to experience in the future. The severe harms include substantial sea level rise, more frequent and severe flooding, extreme precipitation events and drought.
Complaint | Release |1 AG: Rhode Island ]


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; 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; Washington, D.C. ]


June 4, 2018
Joined Suit Challenging Arbitrary 2-for-1 Executive Order
California Attorney General Xavier Becerra and Oregon Attorney General Ellen Rosenblum filed a motion to intervene in Public Citizen, Inc., et al. vs. Trump, et. al. to challenge a Trump Executive Order that requires most federal agencies to repeal at least two existing regulations for every new major regulation an agency issues.  The executive order instructs federal agencies to focus on cost burdens to industry and discount the societal benefits of environmental, health and safety measures.
Motion | 2 AGs: California; Oregon ]


May 2018

May 31, 2018
Sued EPA Over Failure to Implement Landfill Methane Regulation
A coalition of eight Attorneys General filed a lawsuit against the EPA over its failure to implement and enforce a critical landfill methane regulation. The regulation would reduce landfill emissions of volatile organic compounds, hazardous air pollutants, carbon dioxide, and methane. It went into effect on October 28, 2016, but the EPA has not implemented or enforced it.
[ Complaint | 8 AGs: California; Illinois; Maryland; New Mexico; Oregon; Pennsylvania; Rhode Island; Vermont ]


May 31, 2018
Sued EPA to Protect Workers from Pesticide Poisoning
New York Attorney General Barbara Underwood filed a lawsuit along with California Attorney General Xavier Becerra and Maryland Attorney General Brian Frosh against the EPA over its decision to suspend critical safeguards protecting agricultural workers from pesticides. EPA suspended the new training requirements under the Agricultural Work Protection Standard without following the necessary public notice and comment procedures. The lawsuit being brought by the attorneys general asserts that the EPA's suspension is arbitrary and capricious and in violation of the Administrative Procedures Act. In June, the EPA reversed its decision announced that it would publish the expanded safety training materials.
[ Complaint | 3 AGs: California; Maryland; New York ]


May 29, 2018
Submitted Letter to NAS on EPA proposal to limit science in rulemaking
A coalition of seven attorneys general and five city attorneys submitted a letter requesting the National Academy of Sciences to formally comment on an Environmental Protection Agency (EPA) proposed rule to limit the use of scientific evidence in rulemakings.
"Because of the importance of this issue to public health and the environment, and because EPA has not indicated that it intends to seek appropriate input and guidance from the leading scientists in the nation on this fundamental question of the use of science in EPA's execution of its mission, we write to you directly to ask that the National Academy review and comment on EPA's proposal," wrote the attorneys general in the letter.
[ Release | Letter | 7 AGs: Delaware; Maryland; Massachusetts; New Jersey; New York; Oregon; Washington, D.C. ]


May 22, 2018
Sued FERC for PennEast Pipeline Approval
New Jersey Attorney General Gurbir Grewal filed a petition with the District of Columbia Circuit Court over the Federal Energy Regulatory Commission's (FERC) issuance of a Certificate of Public Convenience and Necessity for the PennEast pipeline which runs through the state.
[ Petition | 1 AG: New Jersey ]


May 21, 2018
Submitted Comments on CWA and Groundwater
A coalition of five states submitted comments in opposition to the Environmental Protection Agency's (EPA) apparent interest in rolling back its longstanding position that the Clean Water Act (CWA) regulates the discharge of pollutants that move from point sources into surface waters via a short and direct groundwater or other intermediary conduit. EPA's long-held position follows the direction of the CWA and the courts, and provides states with essential protections from unpermitted, upstream discharges of harmful pollutants.
[ Release | Comments | 5 AGs: California; Maryland; Massachusetts; Oregon; Vermont ]


May 14, 2018
Filed Notice of Intent to Sue U.S. Section of the International Boundary and Water Commission
California Attorney General Xavier Becerra and the San Diego Regional Water Quality Control Board today submitted to the United States Section of the International Boundary and Water Commission (the U.S. Commission) a 60-Day Notice of Intent to Sue. In the Notice, Attorney General Becerra and the San Diego Regional Water Quality Control Board allege that the U.S. Commission, from 2015 to the present, has allowed more than 12 million gallons of wastewater that flows from the Tijuana River Watershed in Mexico into California to go untreated, in violation of the Clean Water Act.
[ Notice | 1 AG: California ]


May 9, 2018
Submitted Comments to FERC on Grid Resilience
The attorneys general of Massachusetts, Vermont and Rhode Island submitted comments to FERC on the resiliency of the power system in New England. The AGs urged FERC to not make recommendations nor draw conclusions related to the resiliency of the New England energy market based solely on ISO-NE's analysis of the market because its study relied on faulty assumptions and analysis. The comments by the AGs also reiterated their objection to requiring ratepayers to subsidize uneconomic energy sources based on exaggerated resiliency concerns.
[ Comments | 3 AGs: Massachusetts; Rhode Island; Vermont ]


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; Washington, D.C. ]


May 8, 2018
Filed Comments on PJM Repricing Proposal
Three state Attorneys General joined a coalition of officials from five states in filing comments with FERC opposing PJM Interconnection's costly proposals for reshaping the wholesale electricity capacity market. PJM's proposals, if approved, would increase consumers' utility bills for all consumers in the PJM territory, especially impacting those states that have proactively supported clean energy development through state programs - such as renewable portfolio standards - without improving reliability.
[ Release | Comments | 3 AGs: Illinois; Delaware; Kentucky ]


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; Washington, D.C. ]


May 4, 2018
Announced Plans to File Lawsuit Challenging EPA Attainment Designation in Racine County
Illinois Attorney General Lisa Madigan announced her intention to file a lawsuit challenging EPA's decision that Wisconsin's Racine County is in an ozone attainment area, despite data indicating that it should be classified as in a non-attainment area because the area exceeds the 70 parts per billion ozone standard. If it stands, EPA's designation would allow Foxconn, which plans to build a large manufacturing plant in the County, to avoid installing emissions controls. The lawsuit will be filed in the D.C. Circuit within 60 days of the rule being published in the Federal Register.
[ Announcement | 1 AG: Illinois ]


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.
[ Comments13 AGs: California; Delaware; Illinois; Iowa; Maryland; Massachusetts; New Jersey; New York; Oregon; Vermont; Virginia; Washington; 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; 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; 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; Washington, D.C. ]


April 23, 2018
Filed Comments to Defend the Methane Waste Prevention Rule
California Attorney General Xavier Becerra and New Mexico Attorney General Hector Balderas submitted comments to the Bureau of Land Management, "in opposition to the proposal by the U.S. Bureau of Land Management ('BLM') to rescind or revise certain requirements of its 2016 final rule governing the prevention of waste from oil and gas operations on federal and Indian lands."
Comments | 2 AGs: California; New Mexico ]


April 10, 2018
Sued EPA for Illegal Repeal of "Once In, Always In" Rule that Restricts Toxic Air Pollution
California Attorney General Xavier Becerra announced a new lawsuit against EPA Administrator Scott Pruitt for its illegal attempt to repeal the “Once In, Always In” policy that requires major industrial sources of hazardous air pollutants to permanently keep toxics pollution controls in place. Attorney General Becerra is “urging the Court to invalidate EPA’s repeal, because it contravenes the intent of Congress expressed in the Clean Air Act and it constitutes an arbitrary and capricious reversal of the Agency’s position.” The California Air Resources Board joined Attorney General Becerra in filing suit in the D.C. Circuit Court of Appeals.
Release | Petition for Review | 1 AG: California ]


April 9, 2018
Submitted FOIA Request Over Offshore Drilling Exemption Interior Gave to Florida
New Jersey Attorney General Gurbir Grewal "called on the U.S. Department of the Interior to fully explain its decision to exempt Florida from offshore drilling, while refusing to do the same for New Jersey...the Attorney General submitted a Freedom of Information Act request seeking all correspondence and internal documents related to any meetings and conversations that took place between the offices of Interior Secretary Ryan Zinke and Florida Governor Rick Scott in the run-up to the announcement of Florida’s exemption from offshore drilling on January 9, 2018."
Release | FOIA Request | 1 AG: New Jersey ]


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. ]


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 23, 2018
Threatened to Sue EPA for Unlawful Delay of Landfill Emissions Rule
California Attorney General Xavier Becerra led a coalition of seven attorneys general in threatening to sue the EPA in 60 days if it continues to refuse to enforce a critical rule that protects public health and the environment. The Landfill Emissions Rule aims to reduce emissions of methane and other compounds that pose threats to air quality, creating a public health risk. The rule regulates emissions of methane, an extremely potent greenhouse gas, from the third largest source of methane emissions in the country, landfills.
[ Release | Notice | 7 AGs: California; Illinois; Maryland; New Mexico; Oregon; Rhode Island; Vermont ]  


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.
ReleaseAmicus Brief | 4 AGs: California; Maryland; Massachusetts; Washington ]


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 9, 2018
Filed Comments with Interior Outlining How Offshore Drilling Could Harm California
California Attorney General Xavier Becerra "submitted a 22-page comment letter to the Trump Administration, detailing the plethora of reasons why opening California’s coasts to new offshore drilling would be unjustified, unprecedented, and ill-advised. California is home to approximately 1,100 miles of world-renowned coastline, and Attorney General Becerra underscores that he is prepared to do what is necessary to protect every single one of those 1,100 miles, including going to court."
Release | Comments | 1 AG: California ]


March 9, 2018
Filed Comments with Interior Outlining How Offshore Drilling Could Harm Massachusetts
Massachusetts Attorney General Maura Healey "strongly opposed President Trump and Department of Interior Secretary Ryan Zinke’s “ill-advised” proposal to allow offshore oil and gas drilling along the Massachusetts coast as part of a national program. In her comments...AG Healey also said her office will consider a legal challenge if necessary to protect the people, economy, and natural resources of Massachusetts from the grave risks posed by unprecedented oil and gas leasing."
Release | Comments | 1 AG: Massachusetts ]


March 9, 2018
Filed Comments with Interior Outlining How Offshore Drilling Could Harm New York
New York Attorney General Eric Schneiderman "filed formal comments calling on the Trump Administration to heed New Yorkers’ demands to exclude areas offshore of New York from its plan to open almost all of the nation’s coasts to oil and gas drilling. The comments – submitted on the Department of Interior’s 2019-2024 draft proposed program for oil and gas leasing in outer continental shelf waters – said the drilling plan 'would harm vital state interests, including the State’s economy and the unique ecology of our shores and ocean waters.' The Attorney General pledged that, if the Trump Administration fails to follow the law and exclude the New York waters from the program, his office 'will use all appropriate legal avenues to vigorously oppose the Department’s program.'” 
Release | Comments | 1 AG: New York ]


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 | 1 AG: Virginia ]


February 2018

February 28, 2018
Filed Comments with Interior Outlining How Offshore Drilling Could Harm Rhode Island
Rhode Island Attorney General Peter Kilmartin "submitted formal comments to the Bureau of Ocean Energy Management opposing the 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Program which would open up the North Atlantic Regional Outer Continental Shelf to oil and gas exploration and drilling...'Rhode Island's irreplaceable natural resources would be put in jeopardy at every step of this unnecessary and unwise process, from disruptive testing and drilling needed to locate deposits, to the toll taken during extraction, transfer and transport of fuels, and the possible spills and blowouts that history shows occur during drilling activity. The consequences of offshore drilling along the Rhode Island coast are simply too great of a risk.'"
Release Comments | 1 AG: Rhode Island ]


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 | Comments18 AGs: California; Connecticut; Hawai'i; Illinois; Iowa; Maine; Maryland; Massachusetts; New Mexico; New York; North Carolina; Oregon; Pennsylvania; Rhode Island; Vermont; Virginia; Washington; Washington, D.C. ]


February 22, 2018
Established Bureau of Environmental Justice to Protect Low Income Communities & Communities of Color
California Attorney General Xavier Becerra "announced that he is establishing a Bureau of Environmental Justice (Bureau) within the Environment Section at the California Department of Justice. The Bureau’s mission will be to protect people and communities that endure a disproportionate share of environmental pollution and public health hazards. This will be accomplished through oversight, investigation, and enforcement of the law."
Release | 1 AG: California 


February 15, 2018
Called for Comprehensive Plan for Electric Vehicles and New, Ambitious Clean Energy Goals
Massachusetts Attorney General Maura Healey "called for a comprehensive statewide plan for electric vehicles and new, ambitious goals to meet electric power needs with clean energy at a hearing before the Department of Environmental Protection (DEP) on its use of $75 million in mitigation funds that the AG’s Office helped secure for Massachusetts as part of a multi-billion settlement with Volkswagen, Porsche and Audi."
Release | 1 AG: Massachusetts ]


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 | 1 AG: Washington ]


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 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."
Release | Amicus Brief11 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 | 1 AG: Washington ]


January 30, 2018
Withdrew from Christie-Era Lawsuit Opposing the Clean Power Plan 
New Jersey Attorney General Gurbir Grewal field paperwork to "withdraw from West Virginia v. Environmental Protection Agency (EPA), a case working its way through the federal courts in which certain states, including New Jersey, sued the federal government in an effort to undo President Obama’s Clean Power Plan (CPP) regulations."
Release | 1 AG: New Jersey ]


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 | 6 AGs: Maine; Maryland; Massachusetts; New York; North Carolina; Virginia ]


January 24, 2018
Sued Trump Administration Over Repeal of Fracking Rule
In District Court, Northern District of California, California Attorney General Xavier Becerra filed a lawsuit challenging the Department of the Interior’s repeal of the Fracking Rule for federal and tribal lands that would have required solid drilling-well construction, proper wastewater management, and the disclosure of chemicals used during the fracking process.
Release | Complaint | 1 AG: California ]


January 18, 2018
Hosted Hearing on Clean Power Plan Repeal After EPA Ignored Request
After a request for a public hearings in his states were ignored by the Environmental Protection Agency, New York Attorney General Eric Schneiderman hosted his own public hearing on the proposed repeal of the Clean Power Plan in New York City.
Release | 1 AG: New York ]


January 17, 2018
Sued EPA For Failing To Protect Residents From Out-Of-State Air Pollution
Attorneys general "filed a lawsuit against the Trump Administration for violating the federal Clean Air Act by failing to curb ground-level ozone (or “smog”) pollution that blows into New York" and Connecticut.
Release | Complaint | 2 AGs: Connecticut; New York ]


January 16, 2018
Protested Offshore Drilling Plan at Interior Meeting
Maryland Attorney General Brian Frosh protested the Trump Administration's plans to drill off the coast of Maryland during a meeting in Annapolis with officials from the Bureau of Ocean Management, and presented a waiver for Secretary Zinke to sign except Maryland from the plan. 
Video | 1 AG: Maryland ]


January 11, 2018
Hosted Hearing on Clean Power Plan Repeal After EPA Ignored Request
After a request for a public hearings in his states were ignored by the Environmental Protection Agency, Maryland Attorney General Brian Frosh hosted his own public hearing on the proposed repeal of the Clean Power Plan in Annapolis.
Release | 1 AG: Maryland ]


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 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; Hawai'i; Illinois; Maine; Maryland; Massachusetts; New Mexico; New York; Oregon; Vermont; Washington; 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; Washington ]


December 2017

December 26, 2017
Sued EPA for Failing to Protect Residents from Out-of-State Pollution 
Eight attorneys general, led by New York Attorney General Eric Schneiderman, sued EPA "to force action under the Clean Air Act to ensure upwind states adequately control the pollution that blows into New York and other downwind states...Specifically, the suit challenges the EPA’s denial of a petition that New York and several other states filed in late 2013 for the Agency to add nine additional states to the 'Ozone Transport Region,' a group of states established under the federal Clean Air Act that must act in concert to reduce smog pollution within the region."
Release | Complaint | 8 AGs: Connecticut; Delaware; Maryland; Massachusetts; New York; Pennsylvania; Rhode Island; Vermont ]


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 | 12 AGs: California; Illinois; Iowa; Maine; Maryland; Massachusetts; New York; Oregon; Rhode Island; Vermont; Virginia; Washington, D.C. ]


December 19, 2017
After Winning Previous Lawsuit, Sued Dept. of the Interior for Suspending Methane Waste Prevention Rule
Attorneys general filed suit against the Bureau of Land Management (BLM) "over its decision to suspend the Waste Prevention Rule. The Rule went into effect on January 17, 2017 but was illegally suspended by the Trump Administration on December 8, 2017. The Rule requires oil and natural gas producers to cut wasteful leakage of methane on federal lands. In the lawsuit, Attorneys General Becerra and Balderas underscored that suspending key provisions of the Rule would be arbitrary and capricious as well as contrary to BLM's statutory mandate to prevent waste and ensure the safe and responsible development of oil and gas resources on public lands."
Release | Complaint | 2 AGs: California; New Mexico ]


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 | 3 AGs: Michigan; Minnesota; Pennsylvania ]


December 12, 2017
Opposed Senate Bill Extending Deadline for Wood Stoves to Comply with Clean Air Act 
Attorneys general opposed Senate Bill 1857, "which would extend the deadline until May 15, 2023 by which certain new residential wood heaters (principally, wood stoves and wood hydronic heaters or “boilers”) must comply with Clean Air Act emissions limits. 
Letter to Senate | Letter to House | 5 AGs: Maryland; Massachusetts; New York; Oregon; Rhode Island ]


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 | 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 | 11 AGs: Arizona; California; Maine; Maryland; Massachusetts; New Mexico; New York; Oregon; Rhode Island; Washington; Washington, D.C. ]  


November 6, 2017
Called 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 | 6 AGs: California; Maryland; Massachusetts; Oregon; Vermont; Washington ]


November 6, 2017
Opposed Delay of BLM's Waste Prevention Rule 
Attorneys general filed comments opposing the  proposal by the BLM "to delay and suspend certain requirements of its 2016 final rule governing the prevention of waste from oil and gas operations on federal and Indian lands. Promulgated less than one year ago, the Waste Prevention Rule provides a commonsense and much-needed update to BLM’s rules governing the waste of natural gas and royalty payments from mineral leases administered by BLM." 
Release | Comments | 2 AGs: California, New Mexico ]


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 | AGs: Maine; Maryland; Massachusetts; New York; Oregon; Virginia ]


October 2017

October 26, 2017
A.G. Schneiderman Vowed To Sue EPA Over Failure To Protect New Yorkers From Out-Of-State Air Pollution
Attorney General Eric Schneiderman filed a notice of intent to sue the EPA "for violating the federal Clean Air Act by failing to curb ground-level ozone (or 'smog') pollution that blows into New York from upwind states...The EPA’s own studies demonstrate that pollution from states upwind of New York contributes substantially to the state’s dangerous smog problem."  
Release | Notice | 1 AG: New York 


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 | NY Comments | Joint Comments | 11 AGs: California; Connecticut; Illinois; Maryland; Massachusetts; North Carolina; New York; Oregon; Rhode Island; Vermont; Washington ]


October 18, 2017
Called on Congress to Reinstate Flood Standard In Wake of Devastating Hurricanes 
Attorneys general urged Congress "to act to reduce the public safety risks and costs of future floods on Americans...specifically...to enact an updated federal flood standard that would direct federal agencies to require additional risk-reduction and resiliency measures – that take into account the latest scientific information on flood risks, management, and planning – for any federal project proposed in a flood prone area."
Letter | 6 AGs: California; Illinois; Iowa; Maryland; New York; Washington, D.C. ]


October 17, 2017
Sued Dept. of the Interior for Unlawfully Repealing Valuation Rule, Which Ensures Taxpayers Receive Fair Share for Mineral Extraction
In District Court, Northern District of California, attorneys general "for unlawfully repealing a rule that ensures taxpayers and States receive fair value for oil, gas, and coal extracted from public and tribal lands. California and New Mexico apply their portion of these royalties towards public education."
Release | Complaint | 2 AGs: California; New Mexico ]


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 | 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 | 9 AGs: California; Maine; Maryland; Massachusetts; New York; Oregon; Vermont; Washington; Washington, D.C. ]


September 27, 2017
Maryland AG Frosh Sued EPA Over Power Plant Pollution Control 
In District Court, District of Maryland, Attorney General Brian Frosh sued EPA "for failing to act on a petition requiring power plants in five upwind states to implement air pollution controls...The complaint filed today cites research that 36 power plants in the five neighboring states emit pollution that contributes to poor air quality in Maryland and alleges that the power plants have failed to operate necessary pollution controls that would reduce pollution flowing into Maryland."
Release | Complaint | 1 AG: Maryland]


September 21, 2017
California AG Becerra Sued Administration Over Environmental Concerns Near Mexico Border 
In District Court, Southern District of California, Attorney General Xavier Becerra sued the Department of Homeland Security, claiming it "violated the U.S. Constitution, failed to comply with federal and state environmental laws, and relied on a federal statute that does not authorize the proposed projects."
Release | Complaint | 1 AG: California ]


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 | Complaint8 AGs: California; Iowa; Maryland; Massachusetts; Minnesota; Oregon; Vermont; Washington ]


September 11, 2017
Filed Lawsuit To Protect Fuel Efficiency Standards Rule
In the 2nd Court of Appeals in New York City, attorneys general sued the National Highway Traffic Safety Administration "for illegally delaying a rule that encourages automakers to produce vehicle fleets that meet or exceed federal fuel efficiency standards.Set to take effect in July 2017, the rule would increase the penalty imposed on automakers whose vehicle fleets do not meet minimum fuel efficiency standards. All federal agencies were required to increase their civil penalty rates by an act of Congress, the 2015 Federal Civil Penalties Inflation Adjustment Act. In response, the U.S. Department of Transportation issued a new rule to increase the penalty by $8.50 per tenth of a mile per gallon. The Trump Administration has delayed it, reverting back to the lower penalty rate instead. If the penalty is not sufficiently high, automakers lack a vital incentive to manufacture fuel efficient vehicles."
Release Petition for Review | 5 AGs: California; Maryland; New York; Pennsylvania; Vermont ]


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 | 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 | 12 AGs: Delaware; Illinois; Iowa; Maine; Maryland; Massachusetts; New York; Oregon; Rhode Island; Vermont; Washington; Washington, D.C. ]


August 18, 2017
Opposed New Federal Offshore Lease Plan That Could Open up Massachusetts Coast to Oil or Gas Drilling 
Attorney General Maura Healey "filed public comments with the federal Bureau of Ocean Energy Management (BOEM) opposing the agency’s effort to create a new five-year national offshore oil and gas leasing program that could open up all currently restricted offshore areas to drilling, including Atlantic waters off the Massachusetts coast."
Release | Comments | 1 AG: Massachusetts ]


August 17, 2017
AG Becerra to Trump Administration: Drilling Off Of California’s Coast Is A Non-Starter 
Attorney General Xavier Becerra "expressed his strong opposition to any attempt by the Trump Administration to open California’s coast to new offshore drilling. On April 28, President Donald Trump signed an Executive Order that directed the U.S. Department of the Interior (DOI) to consider revising the 2017-2022 National Outer Continental Shelf Oil and Gas Leasing Program to allow offshore drilling in many new parts of the country."
Release | Comments | 1 AG: California ]


August 17, 2017
Sued EPA Over Eastern Long Island Sound Disposal Site Designation 
In District Court, Eastern District of New York, Attorney General Eric Schneiderman filed a lawsuit "challenging EPA’s decision to designate a permanent open water disposal site in eastern Long Island Sound for tens of millions of cubic yards of dredged sediments. The EPA’s site designation violates the Ocean Dumping Act and the Coastal Zone Management Act."
Release Complaint | 1 AG: New York ]


August 11, 2017
California Sued EPA for Not Responding to FOIA Request 
In D.C. District Court, Attorney General Xavier Becerra "filed a lawsuit against the EPA for failing to comply with a Freedom of Information Act (FOIA) request. On April 7, the California Attorney General’s Office sent a letter to the EPA requesting documents on Administrator Scott Pruitt’s potential conflicts of interest. The EPA failed to respond by May 11 as required by law. Even after receiving Attorney General Becerra’s June 14 notice of violation letter and having ample time to gather the documents requested, the EPA has still not made the required disclosures."
Release Complaint | 1 AG: California ]


August 9, 2017
Opposed EPA’s Illegal Proposed Delay of Rule Limiting Methane Emissions 
Attorneys general "submitted comments in opposition to EPA's proposed 27-month compliance delay of an important public health rule put forward during the Obama Administration. The methane new source rule now in place limits emissions of this powerful greenhouse gas by encouraging the use of emerging technology in leak monitoring and setting a fixed schedule for monitoring leaks at all well sites and compressor stations."
Release | Comments | 13 AGs: California; Illinois; Iowa; Maine; Maryland; Massachusetts; New Mexico; New York; Oregon; Pennsylvania; Rhode Island; Vermont; 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 27, 2017
AG Becerra Opposed Trump Administration’s “Review” of Marine Sanctuaries
Attorney General Xavier Becerra "expressed his strong opposition to the Trump administration’s 'review' of four national marine sanctuaries located off the California coast: Channel Islands, Cordell Bank, Greater Farallones, and Monterey Bay. In comments to the U.S. Department of Commerce’s National Oceanic and Atmospheric Administration (NOAA), Attorney General Becerra underscored that California's national marine sanctuaries contain some of the most significant marine ecosystems in the world, that the fossil fuel resources underneath these sanctuaries are miniscule or entirely speculative, and that the Trump administration’s review is based on a fundamental misunderstanding of the applicable legal requirements that govern the creation and expansion of marine sanctuaries."
Release Letter | 1 AG: California ]


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 | 9 AGs: Connecticut; Delaware; Maryland; Massachusetts; North Carolina; New York; Pennsylvania; Rhode Island; Washington, D.C. ]


July 10, 2017
AG Rosenblum Promised to Defend Oregon's Cascade-Siskyou
Attorney General Ellen Rosenblum wrote a letter to Interior Secretary Ryan Zinke promised to take legal action if the Trump Administration tries to roll back protections for Cascade-Siskyou National Monument.
Letter | 1 AG: Oregon ]


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. ]


July 5, 2017
Filed Lawsuit Against the Dept. of the Interior for Illegally Ignoring Methane Waste Prevention Rule
In United States District Court, Northern District of California, attorneys general filed a lawsuit against the Bureau of Land Managemet for seeking to delay  "certain compliance dates of the 'Waste Prevention Rule,' which was promulgated by the Bureau on November 18, 2016. Waste Prevention Rule provides a much-needed update of 38-year-old regulations governing the release of natural gas from new and existing oil and gas operations on federal and Indian lands, and clarifies when gas lost through venting, flaring, or leaks is subject to royalties. The Bureau estimated that the Rule would have substantial annual benefits, including producing up to 41 billion cubic feet of additional natural gas, eliminating 175,000-180,000 tons of methane emissions, cutting emissions of hazardous air pollutants by 250,000-267,000 tons, and generating up to $14 million in additional royalties. The Rule became effective on January 17, 2017."
Release | Complaint | Judgment | 2 AGs: California; New Mexico ]


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 | Notice 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 | 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 | 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 | 14 AGs: Connecticut; Delaware; Hawai'i; Iowa; Maine; Maryland; Massachusetts; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; Washington, D.C.

June 8, 2017
AG Becerra Urged Continued Protection for California's National Monuments 
Attorney General Xavier Becerra wrote to Interior Secretary Ryan Zinke that "any attempt by the Trump Administration to reverse decisions past presidents have made to safeguard our most treasured public lands is as unwise as it is unlawful. As the Attorney General of California, I am determined to take any and all action necessary to protect the American heritage which has become part of our monument lands.”
Release | Letter | 1 AG: California ]

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 ]

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; Hawai'i; Illinois; Iowa; Maine; Maryland; Massachusetts; Minnesota; New Mexico; New York; North Carolina; Oregon; Pennsylvania; Rhode Island; Vermont; Virginia; Washington, D.C. ]

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 | 6 AGs: California; Illiniois; Maine; Maryland; New York; Washington ]


May 16, 2017
Connecticut AG Jepsen Sued EPA for Failing to Act to Reduce Emissions from Pennsylvania Coal Plant 
In District Court, District of Connecticut, Attorney General George Jepsen sue the EPA "for failure to take timely action on a petition from Connecticut’s Department of Energy and Environmental Protection (DEEP) asking the EPA to take action to stop pollution from a Pennsylvania coal-fired power plant from blowing our way."
Release | Complaint | 1 AG: Connecticut ]


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 | 1 AG: 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 


May 8, 2017
AG Balderas Wrote to Sec. Zinke on Importance of National Monuments
Attorney General Hector Balderas wrote to Interior Secretary Ryan Zinke expressing concern about pontential efforts to roll back protections for New Mexico's cherished national monuments.
Letter | 1 AG: New Mexico ]


April 2017

April 27, 2017
Sued Dept. of the Interior for Delaying Valuation Rule that Ensures Taxpayers Receive Fair Share for Mineral Extraction
In District Court, Northern District of California, attorneys general sued the Dept. of the Interior "for delaying the implementation of one of its own rules promulgated to ensure that taxpayers receive their fair share of royalties from companies that extract oil, gas, and coal from federal lands. The rule, known as the Valuation Rule, was finalized by the Office of Natural Resources Revenue (ONRR) in the Department of the Interior on July 1, 2016, and went into effect on January 1, 2017. The product of five years of public engagement, the Valuation Rule replaced outdated regulations that no longer ensured that taxpayers received adequate compensation from the extraction of federally-owned natural resources. It also addressed a loophole that allowed the coal industry to sell coal at artificially low prices."
Release Complaint | 2 AGs: California; New Mexico ]


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 | 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 | 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
Objected to EPA Withdrawal of Information Request to Oil and Natural Gas Industry
Attorneys general "sent a letter to EPA Administrator Scott Pruitt objecting to the EPA’s unilateral withdrawal of an information collection request. The request was intended to gather information regarding the oil and natural gas industry on its emissions of natural gas or methane, a powerful greenhouse gas." 
Release | Letter | 9 AGs: California; Illinois; Maine; Maryland; Massachusetts; New York; Rhode Island; Vermont; 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 ]


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."
Notice | 10 AGs: California; Connecticut; Illinois; Maine; Maryland; Massachusetts; New York; Oregon; Vermont; Washington ]


March 2017

March 30, 2017
Urged Congress to Reject Proposals Gutting the EPA 
Attorney generals opposed "the proposed federal budget cuts to the EPA and its critical programs...the attorneys general point to the President’s recent proposal to cut 31 percent from the EPA’s budget, which is the biggest cut of any federal agency in the White House 2018 budget, as well as a bill introduced by Florida Congressman Matt Gaetz that would eliminate the EPA entirely on December 31, 2018."
Release | Letter | 13 AGs: Connecticut; Hawai'i; Illinois; Iowa; Maine; Maryland; Massachusetts; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Washington, D.C. ]


March 1, 2017
Massachusetts AG Healey Urged Congressional Committee to Withdraw Subpoena Seeking to Derail Exxon Investigation
Attorney General Maura Healey "urged Chairman Lamar Smith to withdraw his Congressional committee’s unprecedented and unlawful subpoena for documents relating to her office’s ongoing investigation into Exxon Mobil. In her 10-page letter sent to Smith today, AG Healey reiterates that Smith and the House Committee on Science, Space and Technology have no authority over her office’s investigation into whether Exxon Mobil misled Massachusetts consumers and investors about the impact of burning fossil fuels on the environment and the impact of climate change on the company’s business."
Release | Letter | 1 AG: Massachusetts ]


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 | 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 | 10 AGs: California; Illiniois; Maine; Massachusetts; Michigan; New York; Oregon; Rhode Island; Vermont; Washington ]


February 7, 2017
Opposed U.S. Senate Resolution to Void Methane Gas Safeguards
Attorneys general "sent a letter to Senate Majority Leader Mitch McConnell and Senate Minority Leader Chuck Schumer opposing a Congressional Review Act (CRA) resolution that would void important safeguards that are vital to controlling the leaking, venting, and flaring of methane from oil and natural gas developments on public lands managed by the Bureau of Land Management."
Release | Letter | 7 AGs: Illinois; Massachusetts; New Mexico; New York; Oregon; Rhode Island; Vermont ]


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 ]


January 19, 2017
Sought to Defend EPA Rule Protecting States From Upwind Smog Pollution
In D.C. District Court, attorneys general sought to intervene  "in support of the EPA’s Cross-State Air Pollution Update Rule, which requires power plants in 22 states to significantly reduce smog pollution that blows into downwind states...and threatens public health." The measure "has been challenged by fourteen energy corporations and upwind states seeking to overturn the rule."
Release | Motion to Intervene | 6 AGs: Maryland; Massachusetts; New Hampshire; New York; Rhode Island; Vermont ]