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Post date: May 9 2018

Acting A.G. Underwood Statement On Clean Power Plan Abeyance

News from the New York Attorney General's Office

May 9, 2018

Attorney General’s Press Office / 212-416-8060


Today, a coalition led by the New York Attorney General’s Office filed an objection with the D.C. Circuit, opposing the continued abeyance of a ruling on the merits of the Clean Power Plan.

Acting New York Attorney General Barbara Underwood released the following statement:

“This office’s commitment to protecting New Yorkers from the devastating impacts of climate change is unwavering.  

“Our coalition has long fought to defend the Clean Power Plan, including strongly opposing the EPA’s efforts to block court review of its legality. The Clean Power Plan is solidly founded in both science and the law, and the effectiveness and benefits of its approach to cutting climate change pollution have been demonstrated in states like New York. 

“We continue to appeal to the DC Circuit to reject the Trump EPA’s weak promises related to repealing (and possibly replacing) the Clean Power Plan at some undisclosed future date – and rule on legal merits of this critically important measure.”

The coalition defending the Clean Power Plan is led by New York and includes California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, the District of Columbia, New York City (NY), Broward County (FL), Boulder (CO), Chicago (IL), Philadelphia (PA), and South Miami (FL).

The Clean Power Plan is the culmination of a decade-long effort by partnering states and cities to require mandatory cuts in the emissions of climate change pollution from fossil fuel-burning power plants under the Clean Air Act. The Clean Power Plan, along with the companion rule applicable to new, modified, and reconstructed power plants, will control these emissions by setting limits on the amount of climate change pollution that power plants can emit. The Clean Power Plan is expected to eliminate as much climate change pollution as is emitted by more than 160 million cars a year – or 70 percent of the nation’s passenger cars.