Press Release

January 19, 2021

D.C. Circuit Overturns Trump’s Illegal “Affordable Clean Energy” Rule

ELPC Was Part of Coalition That Sued to Overturn Effort to Replace Obama-era Clean Power Plan

The U.S. Court of Appeals for the District of Columbia Circuit today overturned the Trump Administration’s Affordable Clean Energy (ACE) rule. It replaced the Obama-era Clean Power Plan with a plan that fails to comply with the Clean Air Act and urgent need to reduce carbon pollution from coal plants.

The Environmental Law & Policy Center (ELPC) in 2019 joined a coalition of public interest environmental groups in suing the EPA over the misguided rule. ELPC Executive Director Howard A. Learner said:

“The U.S. Court of Appeals for the D.C. Circuit properly rejected and vacated the Trump EPA’s illegal Affordable Clean Energy Rule that undercut the agency’s responsibility under the Clean Air Act to reduce carbon pollution from coal plants,” Learner said.  “This comprehensive court decision clears away the legal underbrush from the Trump administration’s obstructionism. The Court’s decision clears the path for the Biden EPA to effectively implement the Clean Air Act to advance climate solutions and healthier clean air for all.”

The coalition included ELPC, Appalachian Mountain Club, Center for Biological Diversity, Clean Air Council, Clean Wisconsin, Conservation Law Foundation, Environmental Defense Fund, Minnesota Center for Environmental Advocacy, Natural Resources Defense Council and Sierra Club.