Thirteen AGs Filed Petition for Review of EPA’s Reversal of Longstanding Clean Air Act ‘Once In, Always In’ Policy

California Attorney General Xavier Becerra led a coalition of 13 attorneys general in challenging the Trump administration’s rescission of the long-standing “Once In, Always In” policy aimed at securing lasting reductions in emissions of hazardous air pollutants by requiring major sources to keep their emissions controls in place after reducing their emissions levels below major source thresholds.

• Documents: Petition for ReviewCA Press Release
• Document Type: Petitions Press Releases/Statements
• States: California Delaware Illinois Maryland Massachusetts New Jersey New York Oregon Pennsylvania Rhode Island Virginia Washington Wisconsin
• Agencies: Environmental Protection Agency
• Issues: Clean Air & Climate Clean Air Act Climate Environmental Justice Public Health
• Era: Trump Administration
• Outcome: Win
• Explanation of Outcome:On March 17, 2021, EPA filed a motion for voluntary vacatur and remand. In its motion, EPA admitted that the agency had failed to provide notice and opportunity for comment on the key elements of the rule before it was promulgated –rendering the rulemaking process unlawful. On April 5, 2021, the D.C. Circuit granted EPA’s motion and vacated the rule.
• Action Type: Litigation