New York Wins Lawsuit Against Trump EPA’s “Dirty Power” Rule

NEW YORK – Following today’s decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate the Trump Administration's Affordable Clean Energy (ACE) rule, or so-called “Dirty Power” rule, which replaced the Clean Power Plan, New York Attorney General Letitia James issued the following response: 

“For four years, the Trump Administration has been consistent in undermining our nation’s response to climate change, and in rewarding big polluters for actions that threaten the wellbeing of this planet and its people. But, today, on its final day, the courts ruled against the Trump Administration’s attempt to repeal and replace the Clean Power Plan. This ruling affirms what we’ve said all along — the ‘Affordable Clean Energy’ rule did nothing to promote clean energy, and was not affordable for American consumers. Instead, this ‘Dirty Power’ rule served to support dirty and expensive coal power plants, undercut clean and sustainable electricity, and left New Yorkers and all other Americans to foot the bill. I am proud of my office’s leadership in the fight against this unjust and illegal rule, which will no longer see the light of day.” 

In August 2019, Attorney General James led coalition of 23 attorneys general and eight local governments, in a lawsuit against the Trump Administration’s Environmental Protection Agency (EPA) over its ACE rule. The ACE rule replaced the Clean Power Plan, the first-ever nationwide limit on one of the largest sources of climate change pollution — existing fossil-fueled power plants. The Trump Administration rule rolled back these limits and would have had virtually no impact on these emissions, prolonging the nation’s reliance on polluting, expensive coal power plants and obstructing states’ progress towards clean, renewable, and affordable electricity generation.