More than 70 Democratic lawmakers from both chambers have joined a suit challenging the Trump administration for rolling back Obama-era power plant regulations.
The Affordable Clean Energy (ACE) rule finalized by the Environmental Protection Agency (EPA) in August scraps former President Obama’s Clean Power Plant rule. Lawmakers in the House and Senate filed separate amicus briefs challenging the rule late Friday.
The ACE rule aims to give states more time and authority to decide how to implement the best new technology to ease net emissions from coal-fired plants. The rule does not set any standards to cap those emissions.
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Critics argue ACE allows for only modest pollution controls at power plants, a feature that, if upheld, could hamstring future administrations from addressing climate-altering pollution through regulation under the Clean Air Act.
“The Clean Air Act and its amendments granted EPA authority with significant flexibility to address unforeseen air pollution challenges, including climate change,” Reps. Paul TonkoPaul David TonkoOVERNIGHT ENERGY: More than 70 lawmakers join suit challenging Trump power plant rollbacks | Ranchers sue Trump administration, arguing water rollback is federal overreach |Democrats press Trump administration over plan to reopen national parks More than 70 lawmakers join suit challenging Trump power plant rollbacks NY, NJ lawmakers call for more aid to help fight coronavirus MORE (D-N.Y) and Jared HuffmanJared William HuffmanOVERNIGHT ENERGY: More than 70 lawmakers join suit challenging Trump power plant rollbacks | Ranchers sue Trump administration, arguing water rollback is federal overreach |Democrats press Trump administration over plan to reopen national parks More than 70 lawmakers join suit challenging Trump power plant rollbacks OVERNIGHT ENERGY: Trump criticizes banks withholding funds from certain fossil fuel projects | Treasury considers lending program for oil producers| White House uses Arbor Day to renew push for 1 trillion trees initiative MORE (D-Calif.) wrote in a statement after filing a brief alongside 70 other lawmakers.
“We will continue to oppose this administration’s willful misinterpretations of environmental laws that seek to justify rolling back critical public health protections and undermine future administrations’ ability to safeguard our environment and the American people,” they wrote.
The Trump EPA had long argued the Clean Power Plant rule was too broad, creating an undue burden on industry.
“CPP’s overreach would have driven up energy prices for consumers and businesses alike,” EPA Administrator Andrew WheelerAndrew WheelerOVERNIGHT ENERGY: More than 70 lawmakers join suit challenging Trump power plant rollbacks | Ranchers sue Trump administration, arguing water rollback is federal overreach |Democrats press Trump administration over plan to reopen national parks More than 70 lawmakers join suit challenging Trump power plant rollbacks OVERNIGHT ENERGY: Supreme Court hands environmentalists a win in water pollution case | Trump officials pitch nuclear plan | Dems ask EPA for briefing on controversial memo MORE said when the rule was first released. “We are proposing a better plan — it respects the rule of law and will enable states to build affordable, clean, reliable energy portfolios.”
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Reached for comment Monday, the agency said, “EPA looks forward to defending the Affordable Clean Energy Rule before the court.”
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But a brief from senators argued the EPA has been too aligned with industry interests since the start of the Trump administration.
“The record of this case, and of other regulatory matters of which this court may take notice, indeed raise the question whether this EPA is even capable of fair decision-making in matters involving the interests of the fossil fuel industry, or whether rampant cronyism, conflicts of interest, and corruption leave EPA under present leadership unable to conform itself to the strictures of [federal administrative law],” according to the filing from Sens. Sheldon WhitehouseSheldon WhitehouseMore than 70 lawmakers join suit challenging Trump power plant rollbacks Democrats offer bill to undo business tax provisions in coronavirus law 13 senators join Harris letter urging Mnuchin to exempt coronavirus checks from private debt collection MORE (D-R.I.), Ed MarkeyEdward (Ed) John MarkeyOvernight Defense: USS Kidd coronavirus outbreak jumps to 47 sailors | Senate Dems pan Esper’s coronavirus response | US military acknowledges civilian casualties in Somalia airstrike Senate Democrats pan Esper for ‘failed’ coronavirus response More than 70 lawmakers join suit challenging Trump power plant rollbacks MORE (D-Mass.), Jeff MerkleyJeffrey (Jeff) Alan MerkleySenate Democrats pan Esper for ‘failed’ coronavirus response More than 70 lawmakers join suit challenging Trump power plant rollbacks Senate Democrats call for USAID to join coronavirus task force MORE (D-Ore.), Brian SchatzBrian Emanuel SchatzMore than 70 lawmakers join suit challenging Trump power plant rollbacks Trump says he will sign executive order temporarily suspending immigration into US Tensions flare as Democrats press Pence over coronavirus testing MORE (D-Hawaii), and Kirsten GillibrandKirsten GillibrandMore than 70 lawmakers join suit challenging Trump power plant rollbacks Health experts call for .5 billion to expand contact tracing, isolation Senate Democrats revive 2017 bill to expand SNAP benefits MORE (D-N.Y.).
Updated at 3:10 p.m.