OLYMPIA - On Tuesday, January 19, a panel of federal judges blocked the Trump Administration’s effort to repeal the Clean Power Plan and replace it with the “Affordable Clean Energy” rule, which would not require significant carbon emission reductions. The ruling came in a challenge brought by Attorney General Bob Ferguson and a coalition of 22 states and seven local governments.
In its decision, the U.S. Court of Appeals for the District of Columbia Circuit found the Trump Administration’s replacement rule was arbitrary and capricious, and both the replacement rule and the process the Environmental Protection Agency went through in order to adopt it “hinged on a fundamental misconstruction” of the Clean Air Act.
The decision marks Washington’s 39th legal victory against unlawful policies from the Trump Administration.
“The Trump Administration’s ‘Affordable Clean Energy’ rule was neither affordable nor clean,” Ferguson said. “This was a thinly veiled attempt to loosen restrictions on coal power plants, while doing nothing to address carbon pollution or climate change. I will continue to fight for clean air for all Washingtonians.”
In August 2019, Ferguson, in a coalition of 22 states and seven local governments, filed a petition for review challenging the Environmental Protection Agency’s decision to repeal the Clean Power Plan.