Washington, Oregon AGs join others in saying rule violates Clean Air Act

SACRAMENTO, Calif. — A coalition of 21 Democratic-led states sued the Trump administration Tuesday over its decision to ease restrictions on coal-fired power plants, with California’s governor saying the president is trying to rescue an outdated industry.

In June, the U.S. Environmental Protection Agency eliminated the agency’s Clean Power Plan and replaced it with a new rule that gives states more leeway in deciding upgrades for coal-fired power plants.

The lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit, says the new rule violates the federal Clean Air Act because it does not meaningfully replace power plants’ greenhouse gas emissions.

“They’re rolling things back to an age that no longer exists, trying to prop up the coal industry,” California Gov. Gavin Newsom said at a news conference. He said the lawsuit was not just about Trump but “our kids and grandkids” who would continue to be harmed by coal pollutants.

West Virginia Attorney General Patrick Morrisey, whose state produced the second most coal behind Wyoming in 2017, predicted the lawsuit will ultimately fail at the U.S. Supreme Court, which stayed an earlier Obama administration attempt in 2016 at the request of a competing 27-state coalition.