Rep. Jared Huffman, whose district includes Marin County, is among the congressional Democrats fighting the Environmental Protection Agency’s decision to repeal the Obama-era Clean Power Plan.
In an amicus brief filed late last month with the U.S. Court of Appeals in Washington, D.C., Huffman and more than 70 other lawmakers said the EPA was well within its authority to implement the plan.
“EPA’s conclusion that the Clean Power Plan was unlawful cannot be reconciled with the Clean Air Act’s text, structure, or history,” Huffman and Rep. Paul Tonko of New York wrote in a joint statement. “We will continue to oppose this administration’s willful misinterpretations of environmental laws that seek to justify rolling back critical public health protections and undermine future Administrations’ ability to safeguard our environment and the American people.”
An EPA spokesman declined to comment on Friday, stating in an email that the agency “does not comment on pending litigation.”
Announced in 2015, the Clean Power Plan sought to curb air pollution by power plants in response to climate change. The plan sought to reduce carbon emission levels by 32%, sulfur dioxide emissions by 90% and nitrogen oxide emissions by 72% compared to 2005 levels. It also set targets for state emissions.
In 2017, under an executive order by President Trump, the EPA announced it was reviewing the plan. In 2018, it announced it would be replacing the plan.
The result was the Affordable Clean Energy rule. EPA administrator Andrew Wheeler said the new rule was aligned with the EPA’s authority under the Clean Air Act and would reduce carbon dioxide emissions by as much as “35 percent below 2005 levels.”
In 2019, the American Lung Association and the American Public Health Association filed a lawsuit challenging the repeal. They said the new plan contradicted the agency’s obligations to reduce pollutants and would increase pollution compared to the Clean Power Plan.
The Democrats’ amicus brief supports the associations’ challenge. Other signatories include House Speaker Nancy Pelosi and Sen. Dianne Feinstein.
Paul Billings, a vice president for the American Lung Association, said the organization appreciates the support of the large group of congressional representatives from throughout the nation.
“I think that is a positive development that members of Congress would take the time to participate in this litigation,” he said.
As for the status of the case, Billings said the the federal government’s response to the associations’ briefs is due June 16. The associations will reply in July.
Oral arguments are expected to take place in the fall, but the coronavirus pandemic might make these dates subject to change, Billings said.
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May 03, 2020 at 07:36AM
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Huffman leads challenge to Clean Power Plan repeal - Marin Independent Journal
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