An appeals court on Tuesday vacated the Trump administration’s primary environmental regulation for electric utilities, sending it back to the Environmental Protection Agency and accusing the agency of “fundamentally" misunderstanding the law.
The court directed EPA to start over with a new plan to regulate greenhouse emissions under federal law. The agency is required to regulate air pollutants, including greenhouse gases, though the incoming Biden administration had said it would strengthen domestic carbon regulations on the books even before Tuesday’s ruling.
Issued unanimously by a three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit, the ruling is a blow to President Donald Trump on his final full day in office and provides President-elect Joe Biden a legal mandate to draft a new rule to tackle domestic greenhouse gas emissions from the power sector.
EPA did not follow the law in writing the rule in August 2018, the judges wrote, adding that the agency’s rule, called the Affordable Clean Energy, or ACE, rule, relied on a “mistaken reading” of the Clean Air Act.
'Misconceived the law'
“Because the ACE Rule rests squarely on the erroneous legal premise that the statutory text expressly foreclosed consideration of measures other than those that apply at and to the individual source, we conclude that the EPA fundamentally ‘has misconceived the law,’ such that its conclusion ‘may not stand,’” the court ruled.
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January 20, 2021 at 06:22AM
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Court dumps Trump 'Affordable Clean Energy' plan - Roll Call
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