Perseverance and New Beginnings

Last week, one day before the inauguration of President Joe Biden, the U.S. Court of Appeals for the D.C. Circuit vacated the Trump administration’s so-called “Affordable Clean Energy” rule (ACE), which rolled back the Clean Power Plan and undercut clean sources of electricity. As a result, the Environmental Protection Agency has the chance once again to devise a new program to curb greenhouse gas emissions from existing power plants. Twenty-three state AGs, led by New York Attorney General Letitia James, helped build the legal and factual record needed to defeat the ACE rule, and then played a key role in making the case in court. This win exemplifies the extraordinary accomplishments of the state AG community in defeating irrational Trump administration policies and staving off the harm they would have wreaked on our communities and our planet. The defeat of the ACE rule also serves to highlight the hard work that lies ahead.

The Biden administration has made quick moves to return to a science-driven agenda of protecting our environment, addressing the climate crisis and pursuing environmental justice. This is truly an era of change. But if those policies are to be long-lasting, then there is much work to be done. It is time for a different type of advocacy.

The Biden administration’s efforts to address environmental harms and tackle the climate crisis must be supported by robust records that will hold up in court. State AGs are crucial to that effort, as they can push the administration to take positions that are legally sound, equitable and effective. Through this work, state AGs will be able to shape and defend the use of federal environmental laws to target the causes and consequences of climate change at the national level and to uphold states’ rights while doing so. They can also continue to bring attention to urgent environmental justice issues. And, as states continue to innovate on climate action, AGs can defend state authority in the area of clean energy.

Of course, beyond all of this new work, state AGs will continue the defensive and affirmative work we highlighted in our recent report, Full Court Press. In the two weeks since the report’s publication, state AGs have continued to hold the line to prevent the Trump administration’s environmental rollbacks from taking full effect, most recently by filing lawsuits challenging a slew of midnight rules finalized by the administration on its way out the door. With these lawsuits, state AGs are keeping the pressure on to make sure that the harmful rules promulgated by the Trump administration are unwound.

We at the State Impact Center are excited to continue our work in support of state attorneys general. We recently welcomed new leadership dedicated to the task of confronting the challenges and meeting the opportunities presented by this new era. We also said farewell to David J. Hayes and Elizabeth Klein, who helped launch the Center in 2017 and guided our work as a force against the Trump administration’s deregulatory agenda. David has joined the Biden White House as Special Assistant to the President for Climate Policy, and the administration has announced its intent to nominate Liz to serve as Deputy Secretary of the Interior. We will miss them, but we have no doubt that they will serve the administration and the country well in their new roles. With our new team in place and our mission more vital than ever, we look forward to this new chapter — and we are excited to move forward, together, toward a cleaner and more just future.