Press Release

State Attorneys General Ready to Sue EPA Over Clean Power Plan Repeal

EPA Inexplicably Ignores AGs’ Request for Hearings in States That Are Growing Clean Energy Jobs

Washington, DC David J. Hayes, executive director of the State Energy & Environmental Impact Center at NYU School of Law and former Interior deputy secretary in the Obama and Clinton Administrations, released the following statement today ahead of the Environmental Protection Agency’s sole public hearing on the repeal of the Clean Power Plan in West Virginia.

“EPA is shutting out the voices of citizens, business owners and other critical stakeholders who have legitimate concerns about repealing the Clean Power Plan. It behooves EPA to hold more than a single hearing in friendly territory -- while ignoring states with booming clean industries and jobs to be part of the public hearing process -- before taking such potentially drastic action.

“Several attorneys general have requested similar hearings in their states. Although public hearings on important national issues like the Clean Power Plan are typically held in a number of locations, the Administration has ignored or rejected the AGs’ requests in an apparent attempt to avoid giving attention to areas that are successfully growing vibrant clean energy jobs and industries. We have a right to expect more from our federal government than this obvious pander to coal communities who need and deserve real help -- and not false promises.

“Thankfully, New York Attorney General Eric Schneiderman is leading a coalition of state attorneys general who will fight tooth and nail to defend the landmark Clean Power Plan.”

BACKGROUND
The following state AGs have sent letters to EPA Administrator Scott Pruitt seeking hearings in their states:

  • Maryland AG Brian Frosh;
  • Massachusetts AG Maura Healey;
  • Oregon AG Ellen Rosenblum;
  • Virginia AG Mark Herring;
  • The Office of Maine AG Janet Mills; and
  • The Office of New York AG Schneiderman.

State AGs, led by AG Schneiderman, have vowed to sue if the Administration proceeds with repealing the CPP. “If and when the Trump Administration finalizes this repeal, I will sue to protect New Yorkers and put a stop to the Trump Administration’s irresponsible and illegal efforts to turn back the clock on public health,” said Schneiderman last month.

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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.

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