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The Guardian World••3 min read

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States and Cities Sue Over Trump EPA Emissions Rule Repeal

States and Cities Sue Over Trump EPA Emissions Rule Repeal

Twenty-one states and several major cities filed lawsuits on Thursday challenging the Trump administration's Environmental Protection Agency (EPA) repeal of rules designed to limit greenhouse gas emissions from power plants that burn coal and natural gas. This legal action, spearheaded by New York, represents a significant pushback against the administration's environmental deregulation efforts.

The coalition comprises states with Democratic leadership, including New York and Pennsylvania, alongside the District of Columbia, New York City, Chicago, and the combined city and county of Denver. Their core argument is that the repeal of these emissions regulations, described as "one of the country's most significant climate protections," will have severe and long-lasting negative consequences. The plaintiffs contend that this rollback will impede the nation's progress on climate action by decades and exacerbate the ongoing climate crisis.

This lawsuit targets the EPA's Affordable Clean Energy (ACE) rule, which replaced the Obama-era Clean Power Plan. The ACE rule provided states with more flexibility in setting emissions standards for existing fossil fuel-fired power plants, effectively weakening federal oversight. Critics, including environmental groups and state officials, argued that the ACE rule was a deliberate attempt to dismantle climate protections and prioritize fossil fuel industries over public health and environmental sustainability. The Obama administration's Clean Power Plan, established in 2015, aimed to reduce carbon emissions from the power sector by 32% below 2005 levels by 2030 through a system of state-specific targets and cap-and-trade mechanisms. The Trump administration's repeal of this plan and its replacement with the ACE rule in 2019 was met with widespread condemnation from environmental advocates and scientists who warned of increased pollution and accelerated global warming.

The legal challenges are expected to focus on whether the EPA followed proper administrative procedures when repealing the Clean Power Plan and implementing the ACE rule, and whether the agency adequately considered the environmental and health impacts of its decision. The plaintiffs are seeking to have the ACE rule overturned and the Clean Power Plan reinstated or a new, robust set of emissions standards put in place. This legal battle underscores the deep divisions in the United States regarding climate policy and the role of federal regulation in addressing environmental challenges. The outcome of these lawsuits could have significant implications for the future of emissions control in the U.S. power sector and the nation's commitment to international climate agreements.

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