Eighteen Attorneys General Oppose New EPA Rulemaking on Clean Power Plan

Washington, D.C. — A coalition of 18 state attorneys general, led by New York Attorney General Eric T. Schneiderman, filed comments with the Environmental Protection Agency today opposing the proposed rulemaking to possibly replace the Clean Power Plan. The Clean Power Plan would reduce climate pollutants from power plants and through that would also reduce other harmful, non-climate emissions from power plants.

The comments “explain that EPA’s proposed narrow view of its authority under the Clean Air Act as set forth in the Advance Notice is contrary to the law and common sense. The letter also cites a recent study that found that the replacement rule envisioned in the Advance Notice would not only result in fewer emission reductions than the Clean Power Plan, but could result in greater air pollution harms than having no rule at all,” according to Attorney General Schneiderman’s office.

“The Schneiderman-led coalition of state attorneys general is demanding that the Trump Administration meet its legal obligations to reduce the coal industry’s carbon emissions -- the largest single source of climate pollution in the U.S.,” said David J. Hayes, executive director of the State Energy & Environmental Impact Center. “As the attorneys general note in their comments, EPA’s Advanced Notice is ‘nothing more than a proposal to make a proposal’ — a cynical ploy to avoid implementing the Clean Air Act. State attorneys general are demanding that the agency follow the law.”

“EPA already has all the information it needs to take immediate action to control power plant emissions of climate change pollution. As we make clear in our comments, this Advance Notice is the equivalent of responding to your house being on fire by asking your neighbors to brainstorm ways you can fireproof your house in the future,” said Attorney General Schneiderman. “The dire need, the science, and the law are clear. EPA must take serious, immediate action to cut climate change pollution from existing fossil fuel-powered power plants. If the Trump EPA abandons this crucial responsibility, we will see them in court.”

A new State Energy & Environmental Impact Center report released today, “State Attorneys General: 13 Months of Critical Actions,” shows that state attorneys general have taken at least 80 actions to advance and defend progressive clean energy, climate and environmental laws and policies since January 2017. These actions have included many of national significance, such as defending the Clean Power Plan, opposing offshore drilling and fighting construction of a proposed wall on the Mexico-United States border.

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About the State Energy & Environmental Impact Center:
The State Energy & Environmental Impact Center at NYU School of Law is a nonpartisan academic center at NYU School of Law. The Center is dedicated to working towards a healthy and safe environment, guided by inclusive and equitable principles. The Center studies and supports the work of state attorneys general (AGs) in defending, enforcing, and promoting strong laws and policies in the areas of climate, environmental justice, environmental protection, and clean energy.