California Attorney General Xavier Becerra led a coalition of 21 attorneys general and six local governments in challenging the Environmental Protection Agency’s (EPA) surprise push to set an arbitrary sector-by-sector threshold for regulation of greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act. The policy — finalized without an opportunity for public comment — would exempt a sector from regulation if that sector contributes less than 3% of total U.S. GHG emissions. In practice, the policy would insulate industries that are collectively responsible for nearly three-quarters of the country's GHG emissions, leaving only the electric generation sector’s GHG emissions subject to regulation.
- Documents: Petition for ReviewCA Press Release
- Document Type: Petitions Press Releases/Statements
- States: California Connecticut Delaware Illinois Maine Maryland Massachusetts Michigan Minnesota Nevada New Mexico New York North Carolina Oregon Pennsylvania Rhode Island Vermont Virginia Washington Washington, D.C. Wisconsin
- Agencies: Environmental Protection Agency
- Issues: Clean Air & Climate Clean Air Act Greenhouse Gas Emissions
- Era: Trump Administration
- Outcome: Win
- Explanation of Outcome:EPA (represented by the Biden administration) acknowledged that the rule was unlawful and moved for voluntary vacatur.
- Action Type: Litigation