Office of the Vermont Attorney General

Multi-State Environmental Actions Taken by Vermont AGO since January 2017

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Multi-State Environmental Actions

Taken by Vermont AGO since January 2017

The list below represents multi-state environmental actions taken or joined by the Vermont Attorney General’s Office since January of 2017.  Actions are divided into three general categories:

  • COMMENTS, LETTERS, STATEMENTS – multi-state comments, letters and statements joined by the Vermont AGO
  • LAWSUITS – multi-state litigation taken or joined by the Vermont AGO
  • AMICUS FILINGS – multi-state amicus (“friend of the court”) filings joined by the Vermont AGO

 

 

COMMENTS, LETTERS, STATEMENTS

Date Action (COMMENTS, STATEMENT OR LETTER) Topic Subject/Issues States involved Status/Outcome
4/17/2019 COMMENTS CLEAN AIR

 

 

Comments to the EPA opposing the agency’s reversal of course on its decision to regulate power plant emissions of mercury and other air toxins under the Clean Air Act. VT, MA, CA, CT, DE, IL, IA, ME, MD, MI, MN, NV, NJ, NM, NY, NC, OR, RI, VA, WA, D.C. and 6 state & county offices Sent 4/17/2019
4/15/2019 COMMENTS CLEAN WATER


WOTUS

Comments to the EPA and US Army Corp of Engineers opposing the new proposed Waters of the United States (WOTUS) Rule VT, NY, CA, CT, ME, MD, MA, MI, NJ, NM, OR, RI, VA, WA and DC Sent 4/15/2019
3/18/2019 COMMENTS CLEAN AIR

 

GREENHOUSE GAS EMISSIONS

The States and Cities urge EPA to withdraw the Proposed Rule and leave the Current Standard in place. EPA promulgated the Current Standard in 2015 after considering an extensive factual record and explaining and supporting its legal justifications for its action.

 

CA, CT, DE, IL, IA, ME, MD, MA, MN (by and through its MN Pollution Control Agency), NJ, NM, NY, NC, OR, PA, RI, VT, VA, WA, DC, the MD Dept. of the Environment, and the cities of Boulder, Chicago, Los Angeles, New York, Philadelphia, and South Miami, and Broward County Sent 3/18/2019
3/18/2019 LETTER CLEAN AIR

 

EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS

Request for Additional Public Hearings for Proposed Rule: National Emission Standards for Hazardous Air Pollutants: Coal and Oil-Fired Electric Utility Steam Generating Units—Reconsideration of Supplemental Finding and Residual Risk and Technology Review, 84 Fed. Reg. 2670 (2/7/19) MA, CT, DE, IL, IA, ME, MD, MN, NV, NJ, NY, NC, OR, RI, VT, VA, WA, and the Cities of Chicago and New York

 

Sent 3/18/2019
3/13/2019 COMMENTS ENERGY

 

COASTAL PLAIN OIL AND GAS LEASING PROGRAM

Comments on the Coastal Plain Oil and Gas Leasing Program Draft Environmental Impact Statement (DEIS) prepared by the Bureau of Land Management.  Significant concerns about the DEIS’s incomplete review of the far-reaching environmental and climate impacts of the first proposed oil and gas leasing program on the Coastal Plain of the Arctic National Wildlife Refuge.
83 Fed. Reg. 67337 (12/28/18)
WA, DE, OR, ME, MD, MI, MN, NJ, NY, NC, RI, VT, MA, PA, VA, DC Sent 3/13/2019
3/1/2019 COMMENTS ENERGY

 

CONSERVATION STANDARDS

Comments to Department of Energy calling for the publication of proposed energy efficiency standards for residential gas furnaces and commercial gas water heaters that would increase energy efficiency from 80% to 92-95%. NY, IL, ME, MA, MN, NJ, OR, VT, WA, DC and City of New York Sent 3/1/19
2/13/2019 COMMENTS CLEAN AIR

 

WOOD HEATERS, HYDRONIC HEATERS, FORCED AIR FURNACES

Comments opposing EPA’s Advance Notice of Proposed Rulemaking for Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces. 83 Fed. Reg. 61,585 (11/30/18) NY, CT, IL, MD, MA, MN, NJ, OR, RI, VT, WA, and Puget Sound Air Quality Agency Sent 2/13/2019
1/28/2019 COMMENTS ENERGY Comments to FERC urging Commissioner McNamee to recuse himself from FERC Docket AD18-7 Sent 1/28/2019
1/14/2019 COMMENTS CLEAN AIR

 

WOOD HEATERS

Comments opposing EPA’s proposed to the new source performance standards (NSPS) to allow a two-year sell-through period for non-compliant wood boilers and force-air furnaces, which would allow increased emissions and negative health impacts in violation of the Clean Air Act. NY, MD, MA, MN, OR, VT, WA and Puget Sound Air Quality Agency Sent 1/14/19
1/3/2019 COMMENTS CLEAN AIR

 

LANDFILLS

Comments to EPA opposing the delay in implementing the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills, which was finalized in August of 2016 CA, IL, MD, NJ, OR, PA, RI, VT and the California Air Resources Board Sent 1/3/19
12/21/2018 COMMENTS CLEAN AIR

 

NATIONAL CLIMATE ASSESSMENT AND PROPOSED RULES WEAKENING GHG EMISSION STANDARDS FOR MOTOR VEHICLES AND POWER PLANTS

Supplemental comments on rollbacks of power plant and automobile greenhouse gas standards NY, CA, CT, DE, HI, IL, IA, ME, MD, MA, MN, NJ, NM, NC, OR, PA, RI, VT, VA, WA, DC and Broward County (FL) and the cities of Boulder (CO), Chicago, LA, NY, Philadelphia and South Miami (FL) Sent 12/21/18
12/17/2018 COMMENTS CLEAN AIR

 

EMISSION STANDARDS FOR OIL AND GAS

Comments to EPA opposing the proposed Reconsideration Rule and continued support of EPA’s 2016 emission standards for new, reconstructed and modified sources in the oil and natural gas sector. Requesting EPA withdraw changes that will increase emissions and recommending that EPA continue to implement and enforce the 2016 standard CA, CT, IL, IA, ME, MD, NJ, NY, OR, RI, VT, WA, MA and City of Chicago Sent 12/17/18
12/11/2018 LETTER CLEAN AIR

 

NATIONAL CLIMATE ASSESSMENT AND PROPOSED RULES WEAKENING GHG EMISSION STANDARDS FOR MOTOR VEHICLES AND POWER PLANTS

Letter to EPA opposing proposed rules to weaken greenhouse gas emission standards for motor vehicles and power plants NY, CA, CT, DE, HI, IL, IA, ME, MD, MA, MN, NJ, NM, NC, OR, PA, VT, VA, WA, DC and cities of Boulder (CO), Chicago, LA, NY, Philadelphia, Oakland, SF and South Miami (FL) Sent 12/11/18
11/19/2018 LETTER PROPOSED EPA RULE FOR “OIL AND GAS SECTOR: EMISSION STANDARDS FOR NEW, RECONSTRUCTED and MODIFIED SOURCES RECONSIDERATION” Request to EPA that it make public all compliance data submitted to the Agency pursuant to the new source performance standards (NSPS) for the oil and natural gas sector. Further request for EPA to make public any summation, study or other analysis of the data that EPA has in its possession. CA, IL, IA, ME, MD, NY, RI, VT, WA, MA, DC, Corporation Counsel of the City of Chicago, and the California Air Resources Board Sent 11/19/18
11/15/2018 COMMENTS CLEAN AIR

REFRIGERANT MANAGEMENET PROGRAM

Comments to EPA opposing proposed revisions to limit the scope of the Refrigerant Management Program and thereby increase emissions of dangerous chemicals MA,, CA, DE, IL, IO, ME, MD, MN, NJ, NY, NC, OR, VA, VT, WA, DC Sent 11/15/18
10/31/2018 COMMENTS CLEAN POWER PLAN

REPLACEMENT

Comments to EPA opposing proposed rule intended to replace Clean Power Plan NY, CA, CT, DE, IL, IA, ME, MA, MD, MN, NM NC, OR, PA, RI, VT, VA, WA, DC and cities of Bolder (CO), Chicago, LA, NY, Philadelphia, and South Miami (FL) Sent 10/31/18
10/26/2018 COMMENTS VEHICLE EMISSIONS

ROLLBACK

Comments to EPA and National Highway Traffic

Safety Administration opposing proposed rollback of greenhouse gas emissions and fuel economy standards for model years 2021-2026 passenger cars and light duty trucks

CA, CT, DE, HI, IA, IL, ME, MD, MN, NC, NJ, NM, NY, OR, RI, VT, WA, MA, PA, VA, DC and cities of Oakland, LA, SF, San Jose and NY Sent 10/26/18
10/26/2018 COMMENTS VEHICLE EMISSIONS

ROLLBACK

Comments to National Highway Traffic Safety Administration opposing draft Environmental Impact Statement (EIS) for “SAFE” Vehicles Rule for Model Year 2021-2026 passenger cars and light duty trucks CA, CT, DE, HI, IL, IA, MA, ME, MD, MN, NC, NJ, NM, NY, PA, OR, RI, VT, VA, WA, DC and cities of LA, NY, Oakland, SF and San Jose Sent 10/26/18
9/24/2018 COMMENTS ENDANGERED SPECIES ACT
Docket No. FWS-HQ-ES-2018-0006: Revision of Regs for Listing Species and Designating Critical Habitat, 83 Fed. Reg. 35,193 (7/25/2018)
Docket No. FWS-HQ-ES-2018-0009: Revision of Regs for Interagency Cooperation, 83 Fed. Reg. 35,178 (7/25/2018)
Docket No FWS-HQ-ES-2018-0007: Revision of Regs for Prohibitions to Threatened Wildlife and Plants, 83 Fed. Reg. 35,174 (7/25/2018)
Comments on the three proposed rules that would undermine the effective implementation of the Endangered Species Act.  The Proposed Rules are untethered to, and in clear violation of, the species-protective requirements and overriding conservation purpose of the Endangered Species Act (“ESA” or “Act”) enacted by Congress in 1973. In plain disregard of established law, they would wreak havoc on one of our nation’s most successful conservation laws and harm the States’ vital interests in species protection. MA, CA, MD, NY, OR, PA, RI, VT, WA, DC Sent 9/24/2018
9/13/2018 LETTER Request to maintain funding for the EPA at its FY2018 levels and omit all anti-environmental riders from the spending measure Letter to Majority Leader McConnell, Minority Leader Schumer, Speaker Ryan, and Minority Leader Pelosi urging Congress to ensure funding for the EPA is maintained at least  at its FY2018 levels, omitting all anti-environmental riders from the spending measure. NY, CA, DE, IA, ME, MD, MA, NJ, OR, RI, VT, WA, DC, PA (Dept. of Environmental Protection) Sent 9/13/2018
9/11/2018 LETTER CLEAN AIR

Request for Extension of Comment Period Regarding Proposed Rule to Replace the Clean Power Plan, 83 Fed. Reg. 44,746 (Aug. 31, 2018)

Requesting that EPA extend the comment period for the proposed rule to replace the Clean Power Plan by 60-days, to a total of 121 days from the date of publication in the Federal Register. NY, CA, CT, DE, HI, IL, IA, ME, MD, MA, MN (Minn Pollution Control Agency), NJ, NM, NC, OR, PA, RI, VT, VA, WA, DC, City of Boulder, CO, Chicago, Los Angeles, New York, Philadelphia, and South Miami, and Broward County FL Sent 9/11/2018
8/20/2018 COMMENTS Urging the Council on Environmental Quality (CEQ) to avoid revisions that would weaken the National Environmental Policy Act (NEPA) regulations. On June 20, 2018, CEQ issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking comment on whether it should revise the NEPA regulations “to update the regulations and ensure a more efficient, timely, and effective NEPA process consistent with the national environmental policy stated in NEPA.”  Though CEQ did not specify the revisions it might make, the concern is that CEQ will drastically reduce the protections of NEPA. NY (lead), CA, IL, MD, MA, NJ, NY, OR, PA DEP, WA
8/13/2018 LETTER Cost/Benefit Analyses in Environmental Matters On June 13, 2018, EPA issued an Advance Notice of Proposed Rulemaking (ANPRM) regarding whether it should take action to “increase[e] consistency and transparency in considering costs and benefits in the rulemaking process.”  Concern is that EPA will attempt to skew the benefit-cost analysis in favor of the regulated community/industry, at the expense of public health and the environment. NY (lead), CA, IL, IA, MA, MD, MN (MPCA), NJ, OR, PA DEP, WA, DC
8/13/2018 LETTER CLEAN WATER
Supporting EPA’s 2015 “Waters of the United States” Rule
In 2015 EPA promulgated a rule defining “waters of the United States” – these are the waters that receive protection under the federal Clean Water Act.  The 2015 Rule is being challenged in several courts and EPA is taking actions to prevent the 2015 Rule from going into effect.  One of these actions is a proposed rule to repeal the 2015 Rule (the “Repeal Rule”).  We previously joined multistate comments opposing EPA’s proposed Repeal Rule; but EPA issued a “supplemental notice” regarding the proposed Repeal Rule.  These comments respond to that supplemental notice. NY (lead), CA, CT, MA, ME, MD, NJ, OR, RI, WA, DC
8/3/2018 COMMENTS Risk Evaluations for Toxic Substances A coalition of 11 AGs submitted comments to the EPA critical of the Agency’s proposed framework for the evaluation of the risk posed by toxic chemicals like asbestos to public health and the environment. MA, CA, HI, ME, MD, NJ, NY, OR, VT, WA, DC Comments Filed 8/3/2018
8/2/2018 STATEMENT CLEAN AIR
Intention to file suit against EPA, DOT over Car Emission Standards
A coalition of 20 AGs announced that they were prepared to fight the Trump Administration’s proposal to revoke California’s waiver under the Clean Air Act, which allows the State to set its own emissions standard for greenhouse gas emissions. The AGs announced that they are also prepared for a legal battle over the Administration’s proposal to weaken emissions standards for passenger cars and light trucks for model years 2021 through 2026. MA, CT, DE, HI, IL, IA, ME, MD, MN, NJ, NM, NY, NC, OR, PA, RI, VT, VA, WA, DC  

Vermont Press Release

 

MA Press Release 8/2/2018

 

7/13/2018 LETTER CLEAN AIR

Submitted letter demanding withdrawal of EPAs Glider Truck Rule

Request for Withdrawal or Administrative Stay of US EPA’s “Conditional No Action Assurance Regarding Small Manufacturers of Glider Vehicles.” CA, CT, IL, ME, MD, MA, NJ, NY, NC, OR, PA, VT, WA, Pennsylvania Dept. of Environmental Protection, CA Air Resources Board Letter sent 7/13/2018
5/21/2018 LETTER CLEAN WATER
Clean Water Act Jurisdiction over Discharges to Surface Water via Direct Groundwater Connection
A coalition of five states submitted comments in opposition to the Environmental Protection Agency’s (EPA) apparent interest in rolling back its longstanding position that the Clean Water Act (CWA) regulates the discharge of pollutants that move from point sources into surface waters via a short and direct groundwater or other intermediary conduit. MD (lead), CA, MA, OR, VT Letter sent 5/21/2018
5/9/2018 COMMENTS ENERGY

FERC’s Request for Information from RTOs and ISOs regarding Grid Resiliency

The AGs of Massachusetts, Vermont and Rhode Island submitted comments to FERC on the resiliency of the power system in New England. The AGs urged FERC to not make recommendations nor draw conclusions related to the resiliency of the New England energy market based solely on ISO-NE’s analysis of the market because its study relied on faulty assumptions and analysis. The comments by the AGs also reiterated their objection to requiring ratepayers to subsidize uneconomic energy sources based on exaggerated resiliency concerns. MA, RI, VT Comments Filed 5/9/2018
5/2/2018 COMMENTS CLEAN AIR

Comments on 2018 CAFE Penalty
Docket No. NHTSA-2018-0017

VT Joined multi-state comments to the National Highway Traffic Safety Administration (NHTSA) over a proposal to cut by over 60 percent the penalty to automakers for violating national fuel economy standards. NY, CA, DE, DC, IL, IA, MD, MA, NJ, OR, VT, VA, WA Comments Filed 5/2/2018
4/26/2018 COMMENTS CLEAN AIR
Comments on the Environmental Protection Agency’s proposed Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, 82 Fed. Reg. 48,035 (Oct. 16, 2017)
VT Joined in opposition to the EPA’s proposed Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units. The rule EPA seeks to repeal, commonly known as the “Clean Power Plan” or “CPP,” 80 Fed. Reg. 64,662 (Oct. 23, 2015), sets the first nationwide emission limits on one of our country’s largest sources of harmful greenhouse gases—existing fossil-fueled power plants. CA, CT, DC, DE, HI, IL, IA, ME, MD, MA, NC, NM, NY, OR, PA, RI, VT, VA, WA,  County of Broward FL, Cities of Boulder CO, Chicago IL, New York NY, Philadelphia PA, and South Miami FL. Comments Filed 4/26/2018
3/23/2018 LETTER CLEAN AIR

Letter to Scott Pruitt/EPA re Notice of Intent to Sue for Failure to Enforce the 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills
40 C.F.R. Part 60 Subpart Cf

Notice of Intent to Sue for Failure to Enforce the 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills CA, IL, MD, NM, OR, RI, VT, CA Air Resource Board and PA Dept. of Environmental Protection Letter sent 3/23/2018
3/9/2018 LETTER EPA BUDGET CUTS

Urged Congress to Fund EPA, Strip Anti-Environment Riders from Budget

NY AG led a coalition of 14 AGs in sending a letter to congressional leaders urging them “to ensure that funding for the Environmental Protection Agency  is maintained at least at its FY 2017 levels, that EPA’s vital core and specific programs receive necessary continued funding, and that all anti-environmental riders that would prohibit, de-fund or otherwise amend key health and environmental protection policies of the Agency are omitted from the spending measure.” NY, CA, DE, IL, IA, ME, MD, MA, NJ, OR, RI, VT, VA, DC, PA Dept. of Environmental Protection Letter sent 3/9/2018
2/26/2018 COMMENTS CLEAN AIR
Comments on EPA Advance Notice of Proposed Rulemaking re Greenhouse Gas (“GHG”) Emissions from Existing Electric Utility Generating Units, 82 Fed. Reg. 61,507 (12/28/2017)
NY AG led 18 AGs in filing comments opposing the “Environmental Protection Agency’s Advance Notice of Proposed Rulemaking (‘Advance Notice’) on a ‘potential’ replacement to the Clean Power Plan.” NY, CA, CT, HI, IL, IA, ME, MD, MA, MN, NM, NC, OR, PA, RI, VT, VA, WA, DC, and cities of Boulder (CO), Chicago, New York, Philadelphia, and South Miami (FL) and the count of Broward (FL) Comments Sent 2/26/2018
1/9/2018 COMMENTS CLEAN AIR

Comments on EPA Administrator Scott Pruitt’s Improper Prejudgment of Outcome of Proposed Repeal of Clean Power Plan
Docket ID No. EPA-HQ-OAR-2017-0355

This letter specifically focuses on the lack of due process and fairness resulting from prejudgment of the outcome of this rulemaking and procedural failures of EPA. CA, DE, HI, IL, ME, MD, NM, NY, OR, VT, WA, MA, DC, County of Broward (FL), Cities of Boulder (CO), Chicago, New York, Philadelphia, and South Miami (FL)
1/5/2018 COMMENTS CLEAN AIR
Comments on proposed “Repeal of Emission Requirements for Glider Vehicles, Glider Engines, and Glider Kits,”
Docket ID No. EPA-HQ-OAR-2014-0827
In opposition to the EPA’s proposal to repeal those provisions of the final rule entitled “Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles – Phase 2,” that apply to glider vehicles, glider engines, and glider kits. Gliders are heavy duty vehicles where a used or refurbished engine is incorporated into a new vehicle chassis. These trucks are typically manufactured alongside of, and sold as, new trucks. CA, NY, CT, IL, MD, MA, NM, NC, OR, PA, VT, WA
12/20/2017 LETTER EPA BUDGET CUTS

Letter to Congress opposing FY2018 budget cuts for the EPA and anti-environmental riders.

Letter to Majority Leader McConnell, Minority Leader Schumer, Speaker Ryan, and Minority Leader Pelosi expressing opposition to deep and damaging proposed cuts to the fiscal year 2018 budget for the Environmental Protection Agency (“EPA” or “Agency”) and the anti-environmental riders contained in the federal government  appropriation legislation in both the United States Senate and House of Representatives. NY, CA, IL, IA, ME, MD, MA, OR, RI, VT, VA, DC, Secretary of PA Dept. of Environmental Protection
12/13/2017 COMMENTS CLEAN WATER

Submitted letter commenting upon and opposing the recent rule proposed by the US EPA and the US Army Corps of Engineers seeking to render ineffective the Clean Water Rule, promulgated in 2015, for a 2 year period.

Comments opposing  the recent rule proposed by the US EPA and the US Army Corps of Engineers seeking to render ineffective the Clean Water Rule, promulgated in 2015, for a two-year period during which the Clean Water Rule would be superseded by regulations dating back to at least 1980 NY, CA, HI, ME, MD, MA, OR, RI, VT, WA, DC Letter sent

12/13/2017

12/8/2017 COMMENTS CLEAN AIR
Comments on EPA’s Notices of Data Availability regarding proposed delays of oil and natural gas sector emission standards
EPA-HQ-OAR-2017-0346 and
EPA-HQ-OAR-2010-0505
12/8/2017
Comments on the EPA’s two notices of data availability published on November 8, 2017 (the “NODAs”) in support of the two proposed rules titled “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources: Stay of Certain Requirements” and “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed,
and Modified Sources: Three Month Stay of Certain Requirements”
CA, IL, IA, ME, MD, MA, NM, NY, OR, PA, RI, VT, WA, DC, and the City of Chicago
11/6/2017 LETTER CLEAN AIR

Letter to Transportation Secretary Chao

Attorneys general “called on the Federal Highway Administration (FHWA) to keep in place and enforce the Greenhouse Gas Performance Measure. The Measure went into effect on September 28, 2017. It requires all states to track on-road greenhouse gas emissions, to set locally-appropriate performance targets, and to ensure consistency in data collection.
10/23/2017 COMMENTS ENERGY

Joined multistate comments opposing proposed rule

FERC issued order terminating rulemaking on 1/8/18.  But FERC has requested information from Regional Transmission Organizations regarding grid resiliency. MA, CA, CT, IL, MD, NC, OR, RI, VT, WA, CT DEEP, RI Div. of Public Utilities & Carriers, NH Office of Consumer Advocate
10/10/2017 COMMENTS CLEAN AIR

Comments letter to Danielson/US DOT-NHTSA on Reconsideration of final rule on raising the civil penalty rate for CAFE standard violations
Docket No. NHTSA–2017–0059
Filed: 10/10/2017

Submitted comments in response to the National Highway Traffic Safety Administration’s (NHTSA) request for comments on its reconsideration of the Interim Final Rule issued on July 5, 2016. The Interim Final Rule increased the Corporate Average Fuel Economy (CAFE) penalty from $5.50 to $14 per tenth of a mile per gallon (mpg). The Rule also increased the maximum amount to which the agency can increase the CAFE penalty from $10 to $25 per tenth of an mpg. In the Final Rule issued on December 28, 2016, the NHTSA decided that the adjusted CAFE penalty would apply beginning in model year 2019. Attorneys General urged the Highway Administration to implement the Final Rule without change. NY, DC, IA, MD, MA, OR, PA, VT, WA
10/5/2017 LETTER CLEAN AIR
Notice of Intent to Sue for Failure to Issue Designations for 2015 Ozone National Ambient Air Quality Standards
EPA has failed to promulgate nationwide designations for the 2015 ozone NAAQS. Accordingly, the States intend to file a lawsuit in federal district court to compel EPA to comply with its obligations under the statute. NY, CA, CT, IL, IA, ME, MN (Minnesota Pollution Control Agency, OR, RI, VT, WA, MA, PA, DC
10/5/2017 COMMENTS CLEAN AIR
Letter to Pruitt/EPA and Chao/NHTSA Reconsideration of Final Determination Midterm Evaluation of Greenhouse Gas Emissions Standards for Model Years 2022-25 Light-Duty Vehicles and Comment on Model Year 2021 Greenhouse Gas Emission Standards
Docket No. EPA-HQ-OAR-2015-0827
Letter to E. Scott Pruitt, EPA and Elaine Chao, USDOT/NHTSA, in response to the EPA and NHTSA’s joint Request for Comment on Reconsideration of the Final Determination of the Mid-Term Evaluation of Greenhouse Gas Emissions Standards for Model Year 2022-2025 Light-Duty Vehicles. NY, CT, DE, DC, IA, ME, MD, MA, OR, PA, RI, VT, WA, Secretary of the Commonwealth of PA Dept of EP Letter sent 6/8/2017
9/27/2017 LETTER CLEAN WATER
Multistate Letter to Pruitt & Lamont
Docket No. EPA-HQ-OW-2017-0203
Definition of “Waters of the United States” – Recodification of Pre-Existing Rules
AGs wrote to comment upon and oppose the rule proposed by the USEPA and US Army Corps of Engineers that would repeal the Clean Water Rule, promulgated by them in 2015, and re-promulgate earlier regulations from 1977 that the Clean Water Rule superseded. NY, CA, ME, MD, MA, OR, VT, WA, DC
9/25/2017 COMMENTS CLEAN AIR
Comments letter to Tamm/NHTSA on Scoping for the Environmental Impact Statement for Corporate Average Fuel Economy Standards Model Years 2022-2025
Docket No. NHTSA-2017-0069
Filed: 9/25/2017
Comments in response to the National Highway Traffic Safety Administration’s Notice of Intent to prepare an environmental impact statement and request for scoping comments for corporate average fuel
economy (CAFE) standards for model years 2022-2025 and the possible evaluation of the standards for model year 2021.
NY, DC, IA, ME, MD, MA, OR, PA, VT, WA
8/27/2018 CLEAN AIR
Letter to Wheeler/EPA and King/NHTSA RE Request for Extension of Comment Period and Additional Public Hearings Regarding Joint Proposed Rule to Roll Back Vehicle  Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards for Model Years 2021-2026 Light-Duty Vehicles
Docket IDs: EPA-HQ-OAR-2018-0283 & NHTSA-2018-0067/NHTSA-2017-0069
Requesting extension of the comment period for the joint proposed rule to a total of 120 days from the date of publication in the Federal Register. Also requested that the deadline for comments on NHTSA’s draft EIS for the joint proposed rule be extended to alight with the 120-comment period. CA, CT, DE, IA, IL, ME, MD, MA, MN, NJ, NY, NC, OR, PA, RI, VT, WA, DC CA sent 8/27/2018
8/25/2017 LETTER CLEAN AIR

Amended Proposed Consent Decree
United States v. Harley-Davidson, Inc.
US Dist. Court D.C.
Docket No. 1:16-cv-01687
82 Fed. Reg. 34,977

The States object to the proposed decree as amended, specifically the decision by the DOJ and the EPA to forego a $3 million emissions mitigation project included in the original decree. NY, MA, DE, IL, IA, ME, MD, OR, RI, VT, WA, DC, and the Puget
Sound Clean Air Agency
Letter sent 8/25/2017
8/23/2018 COMMENTS CLEAN AIR
Comments on Accidental Release Prevention Requirements: Risk Management Program Under the Clean Air Act
Docket EPA-HQ-OEM-2015-0725
Published at 83 Fed. Reg. 24,850
(May 30, 2018)
Comments urging EPA to abandon the proposed rule and to implement the Accident Prevention Amendments as promulgated. NY, IL, IA, ME, MD, MA, NJ, NM, OR, RI, VT, WA
8/21/2017 LETTER CLEAN AIR
EPA and NHTSA  Greenhouse Gas Emissions Standards for Model Year 2022-2025 Light-Duty Vehicles; Model Year 2021 Greenhouse Gas Emissions Standards.
82 Fed. Reg. 39551 (Aug. 21, 2017)
VT Joined multi-state letter responding to EPA and NHTSA; Comments on Reconsideration of Final Determination of the Mid-Term Evaluation of Greenhouse Gas Emissions Standards for Model Year 2022-2025 Light-Duty Vehicles and Comment on Model Year 2021 Greenhouse Gas Emissions Standards NY, CT, DC, IA, ME, MD, MA, NC, OR, PA, VT, WA
8/9/2017 COMMENTS CLEAN AIR

EPA’s Notices of Data Availability regarding proposed delays of oil and natural gas sector emission standards
EPA-HQ-OAR-2017-0346 and
EPA-HQ-OAR-2010-0505

Comments on the Environmental Protection Agency’s (“EPA”) two notices of data availability published on November 8, 20171 (the “NODAs”) in support of the two proposed rules titled “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources: Stay of Certain Requirements” and “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources: Three Month Stay of Certain Requirements” CA, IL, IA, ME, MD, MA, NM, NY, OR, PA, RI, VT, WA, DC, and the City of Chicago
7/7/2017 LETTER National Monuments
Executive Order 13792
Letter to Secretary Zinke re concerns with Executive Order 13792 and its implication that the President or Secretary has the authority to revoke or reduce past National Monument proclamations. CA, ME, NM, WA, VT Letter sent 7/7/2017
6/29/2017 LETTER CLEAN AIR
Clean Air Act; Notice of Intent to Sue for Failure to Establish Guidelines for Standards of Performance for Methane Emissions from Existing Oil and Gas Operations under Clean Air Act Section 111(d)
States request that the EPA remedy its failure under the Clean Air Act to establish guidelines for limiting methane emissions from existing sources in the oil and natural gas sector. NY, CA, CT, IL, IA, ME, MD, MA, NM, OR, PA, RI, VT, WA, DC, City of Chicago Letter sent 6/29/2017
6/26/2017 LETTER Letter to Senators McConnel & Schumer in Opposition of S.951: Regulatory Accountability Act of 2017 (RAA) Letter to Senators McConnell & Schumer in opposition to S.951, the Regulatory Accountability Act of 2017. NY, CA, DE, IA, ME, MD, MA, OR, RI, VT, WA, DC Letter sent 6/26/2017
6/8/2017 LETTER CLEAN AIR
Letter to Pruitt/EPA re Midterm Evaluation of Emission Standards for Passenger Cars and Light Duty Trucks for Model Years 2022-25
Letter to E. Scott Pruitt, EPA, in response to his letter to California Governor Brown dated May 2, 2017, regarding the Environmental Protection Agency’s midterm evaluation of the current federal standards for greenhouse gas emissions from cars and light-duty trucks. NY, CT, DE, DC, IA, ME, MD, MA, OR, PA, RI, VT, WA, Secy of the Commonweath of PA Dept of EP Letter sent 6/8/2017
6/6/2017 STATEMENT CLEAN AIR

Paris Climate Agreement

Reaffirm commitment to Paris Climate Agreement CA, CT, DE, HI, IA, ME, MD, MA, MN, NM, NY, NC, OR, PA, RI, VT, VA, DC  MA Press Release (6/5/17)
6/5/2017 COMMENTS PESTICIDES

VT joined multi-state filing of legal objections requesting a response and vacate of EPA Administrator’s 3/29/2017 order to leave existing tolerances in effect for chlopryrifos.
No. EPA-HQ-OPP-2007-1005

EPA Administrator’s order reverses prior administration’s notice to

revoke all chlorpyrifos food tolerances.  Previous EPA could not find that human exposures to chlorpyrifos met the safety standard under the FFDCA. The administrative records relied upon by EPA at the time showed lack of safety associated with the continued use of chlropyrifos on food because of its adverse neurodevelopmental effects, particularly on children.

NY, WA, CA, MA, ME, MD, VT 6/5/2017
4/26/2017 LETTER CLEAN AIR
HR806 Ozone Standards Implementation Act of 2017
Letter in opposition to H.R. 806, Ozone Standards Implementation Act of 2017. This bill would delay implementation of more protective ozone air quality standards and undermine the mandate in the Clean Air Act (Act) that the national ambient air quality standards for ozone and other criteria pollutants be based on up-to-date scientific evidence and focus solely on protecting public health and welfare. NY, CA, CT, DE, IL, IA, MD, MA, NM, OR, PA, RI, VT, VA, WA, DC, and the Acting
Secretary of the Pennsylvania Department of Environmental Protection
4/3/2017 LETTER CLEAN AIR

Letter to Pruitt/EPA re Withdrawal of Information Collection Request (ICR) for the Oil and Natural Gas Industry EPA ICR No. 2548.01 Final Methane ICR

Letter opposing decision to withdraw the Final Methane ICR issued on November 10, 2016, regarding the EPA’s effort to regulate methane emissions from existing sources within the oil and gas sector pursuant to the Clean Air Act. MA, CA, DC, IL, ME, MD, NY, RI, VT
4/3/2017 LETTER ENERGY

Letter to US DOE

Failure to Submit Final Rules for Publication in Federal Register/60-Day Notice Letter for Violation of Energy Policy and Conservation Act, 42 USC §§ 6291 et seq. and Error Correction Rule, 10 C.F.R. § 430.5(f)
3/16/2017 STATEMENT CLEAN AIR
AUTO EMISSIONS – CLEAN AIR
Presidential Executive Order on Vehicle Emission Standards
Executive Order directs federal “roll back” (reconsideration) of vehicle greenhouse gas emission and fuel economy standards for new passenger cars and light-duty trucks model years 2022-2025 VT, NY, ME, MD, MA, OR, RI, WA, Washington D.C., Penn Dept. of Environmental Protection Multi-State statement issued 3/15/17; VT press release 3/16/17
3/30/2017 LETTER EPA BUDGET

Urging congress to reject budget proposals to gut EPA

Attorney generals opposed the proposed federal budget cuts to the EPA and its critical programs. The attorneys general point to the President’s recent proposal to cut 31 percent from the EPA’s budget, which is the biggest cut of any federal agency in the White House 2018 budget CT, HI, IL, IA, ME, MD, MA, NY, OR, PA, RI, and DC
3/3/2017 STATEMENT CLEAN WATER 
Waters of the United States (WOTUS) – Presidential Executive Order
Statement by coalition of attorneys general opposing executive order that guts clean water protections VT, MY, HI, MA, OR, DC VT press release (3/3/17)

 

MA Press Release (2/28/17)

2/28/2017 LETTER Letter urging withdrawal of subpoenas duces tecum on AGs re Exxon AGs Letter asking the withdrawal of the subpoenas duces tecum sent to our colleagues, the attorneys general of Massachusetts and New York. MD, CA, CT, DE, DC, IL, KY, ME, MS, OR, PA, RI, VT, VA, WA
2/15/2017 LETTER CLEAN WATER
Letter to U.S. Senate Majority & Minority Leaders opposing the Commercial Vessel Incidental Discharge Act S.168
Opposition to the Commercial Vessel Incidental Discharge Act legislation:
S.168 – Federal Legislation re: Commercial Vessel Incidental Discharge Act
VT, NY, CA, IL, NE, MA, MI, OR, RI, WA 2/15/17 – Letter Sent
2/6/2017 LETTER CLEAN AIR

Opposed U.S. Senate Resolution to Void Methane Gas Safeguards

Letter to Schumer and McConnell re opposition to Senate Joint Resolution 11. Repeal of the Rule would contradict the clear statutory mandate that Congress gave BLM in the Mineral Leasing Act of 1920, which requires BLM to take action to prevent waste of oil and gas resources.
1/17/2017 LETTER CABINET (EPA) APPOINTMENT                                                                                 
Appointment of Oklahoma AG Scott Pruitt as Administrator of the U.S. EPA
Letter to Senate Energy & Natural Resources Committee Chair Sen. John Barrasso & Ranking Member Sen. Tom Carper VT, DE, HI, MD, MA, NY, OR, RI, DC 1/17/17 – Letter Sent

 

MA Press Release (1/18/17)

 

LAWSUITS

Date Name Action Subject/Issues States involved Status
9/9/2018 EPA Mercury Rule
US Court of Appeals, 2nd Circuit
Docket No. 18-2670
Petition for Review
Filed petition in 2nd Circuit challenging EPA mercury reporting rule under TSCA, joining NRDC appeal and possibly other states. Challenge to EPA mercury reporting rule entitled “Mercury: Reporting Requirements for the TSCA Mercury Inventory” (published June 27, 2018); joining NRDC appeal and possibly other states VT Filed 9/9/2018

 

7/19/2018 States v US EPA and Andrew Wheeler
US Court of Appeals, DC Circuit
Docket No. 18-1192
Petition for Review
Filed: 7/19/2018
CLEAN AIR

Joined Multi-state litigation re: glider trucks

A coalition of 16 Attorneys General filed a lawsuit against the EPA for the Agency’s suspension of its 2016 Glider Truck Rule. court and to holding the EPA accountable for its blatant violation of our laws.” CA, DC, DE, IL, ME, MD, MA, MN, NJ, NY, NM, NC, OR, PA, RI, VT, WA, MD Dept. of the Environment, Pennsylvania Dept. of Environmental Protection, CA Air Resources Board, MN Pollution Control Agency OUTCOME

On July 26, 2018 EPA Acting Administrator Andrew Wheeler withdrew the rule at the heart of this suit, representing a win for the Attorneys General in this case

6/26/2018 States v US EPA and Scott Pruitt
US District Court, DC Circuit
Docket No. 18-1174
Petition for Review
Filed: 6/26/2018
CLEAN AIR

Joined Multi-state litigation

Petition for review challenging EPA’s guidance entitled: Protection of Stratospheric Ozone: Notification of Guidance and a Stakeholder Meeting Concerning the Significant New Alternatives Policy (SNAP) program, 83 Fed. Reg. 18,431 (April 27, 2018). CA, DC, DE, IL, MA, NJ, NY, OR, VT, WA, MN Pollution Control Agency, the PA Department of Environmental Protection
5/31/2018 States v. US EPA and Scott Pruitt
US District Court, Northern Dist CA
Docket No. 4:18-cv-03237
States’ Complaint for Declaratory and Injunctive Relief
CLEAN AIR

Joined Multi-state litigation re: landfill emissions

Petition under Clean Air Act to compel the EPA to fulfill its statutory duty to implement and enforce the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills CA, IL, MD, NM, OR, PA, RI, VT
5/1/2018 States v US EPA & E. Scott Pruitt
US Court of Appeals, DC Circuit
Docket No.
Petition for Review
CLEAN AIR

Joined multistate action/petition re:

vehicle emission rollbacks

Lawsuit against the EPA for beginning the process of rolling back critical vehicle emissions standards that help to ensure clean air. CA, CT, DE, DC, IL, IA, ME, MD, MA, NJ, NY, OR, PA, RI, VT, VA, WA, CA Air Resources Board, MN/Pollution Control Agency and Dept. of Transportation, PA Dept. of Env. Protection
4/5/2018 States v E Scott Pruitt, US EPA
US District Court DC
Docket No. 1:18-cv-00773
Complaint
Filed: 4/5/2018
CLEAN AIR

Joined multistate action/petition

Suit vs. EPA for failing to control emissions of methane – an extremely potent greenhouse gas – from existing oil and gas operations. Specifically, the suit charges that the EPA has violated the federal Clean Air Act by ‘unreasonably delaying’ its mandatory obligation under the Act to control methane emissions from these operations. NY, CA, CT, IL, IA, ME, MD, MA, NM, OR, PA, RI, VT, WA, DC, City of Chicago
2/6/2018 States v. Pruitt, US EPA, Fisher, and US Army Corps of Engineers

US Dist Court Southern Dist of NY
Docket No. 1:18-cv-1030
Complaint
Filed: 2/6/2018

CLEAN WATER

Joined multistate action/petition

EPA adopted a rule to suspend the effective date of its 2015 “Waters of the United States” Rule for 2 years. This is the latest in a series of actions by EPA to prevent the 2015 WOTUS Rule from going into effect. NY, CA, CT, MA, MD, NJ, OR, RI, WA, DC
12/26/2017 States v. US EPA and E Scott Pruitt
US Dist Court DC Circuit
Docket No.
Petition for Review
Signed 12/22/2017
CLEAN AIR

Petition to review the final agency action of respondents entitled “Response to the December 9, 2013, Clean Air Act Section 176A Petition From Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island and Vermont,” 82 Fed. Reg. 51,238

Petitioners seek a determination that the final action is unlawful and  therefore must be vacated. NY, CT, DE, MD, MA, NY, PA, RI, VT
12/5/2017 States v. Scott Pruitt and US EPA
US District Court Northern Dist of CA
Docket No.3:17-cv-06936
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
(Clean Air Act, 42 U.S.C. §§ 7401 et seq.)
CLEAN AIR

Multi-state litigation to compel EPA  to fulfill its mandatory duty under the Clean Air Act to designate all areas of the country as in or out of compliance with health and welfare standards, referred to as the National Ambient Air Quality Standards (“NAAQS”), for ozone.

NAAQS designations trigger the steps necessary to protect the public from the various health effects—such as heart disease, bronchitis, and asthma—this pollution causes or exacerbates. CA, NY, CT, IL, IA, ME, MD, MA, OR, PA, RI, VT, WA, DC, MN by and thru its Minnesota Pollution Control Agency
9/20/2017 States v DOT, Chao, Federal Highway Administration, Hendrickson
US Dist Court, N Dist CA
Docket No. 4:17-cv-05439
Complaint for Declaratory and Injunctive Relief
CLEAN AIR

Multi-state litigation
Complaint for Declaratory and Injunctive Relief

The States challenge the Federal Highway Administration’s (“FHWA”) delays and subsequent suspension of the effective date of its Greenhouse Gas Performance Measure (“GHG Measure”) for the national highway system CA, IA, MD, MA, MN (MN DOT), OR, VT, WA and CA Air Resource Board
9/8/2017 State of NY v. Nat’l Highway Traffic Safety Admin., et al.
US Court of Appeals 2nd
Docket No. 17-2806
Petition for Review
CLEAN AIR

Petition for Review of a Final Rule of the National Highway Traffic Safety Administration

Petition to the Court to review and set aside a final action taken by Respondents to indefinitely delay the effective date of a final rule increasing the civil penalty rate for violations of the Corporate Average Fuel Economy  standards. CA, MD, NY, PA, VT
8/1/2017 States v. US EPA and Scott Pruitt
US Court of Appeals DC
Docket No. 17-1185
Petition for Review
CLEAN AIR

Multi-state litigation for review EPA extending the deadline for promulgating initial area designations for the 2015 ozone national ambient air quality standards

Petition to the Court for Review of the final action of EPA NY, CA, CT, DE, DC, IL, IA, MA, ME, MN, NM, OR, PA, RI, VT, WA
7/24/2017 States v. US EPA and Scott Pruitt
US Court of Appeals DC
Docket No. 17-1181
(consolidated with 17-1155)
Petition for Review
CLEAN AIR

Multi-state litigation to review final action of EPA’s delay of effective date for “Accidental Release Prevention Requirements: Risk Management Programs under the Clean Air Act; Further Delay of Effective Date,” 82 Fed. Reg.27,133 (June 14, 2017) (“Delay Rule”).”

Petition to the Court for review of the final action of EPA NY, IL, IA, MA, ME, MD, NM, OR, RI, VT, WA OUTCOME

Argued: 3/16/2018
Decided: 8/17/2018: Court granted the petitions for review and vacates the Delay Rule.

7/6/2017 Murray Energy Corp. v. EPA
US Court of Appeals, DC Circuit
Docket No. 15-1385
(and consolidated cases: 15-1395, 15-1490, 15-1491, 15-1494)
Motion to Intervene of the States
Filed 7/6/2017
CLEAN AIR

Joined Multi-State Motion ot Intervene in support of the EPA’s defense of the rule

Joined to defend the Ozone National Ambient Air Quality Standards (NAAQS)

Challenge to EPA’s final rule lowering the National Ambient Air Quality Standards (NAAQS) for ozone from 75 to 70 parts per billion (ppb)

CA, NY, RI, VT, WA, MA, DC, and DE Dept of Natural Resources & Environ. Control
7/5/2017 League of United Latin American Citizens, et al. v. US EPA and Scott Pruitt
US Court of Appeals, 9th Circuit
Docket No. 17-71636
Motion for Leave to Intervene in Support of Petitioners by the States
PESTICIDES

VT joined multi-state filing of legal objections requesting a response and vactur of EPA Administrator’s 3/29/2017 order to leave existing tolerances in effect for chlopryrifos.

EPA Administrator’s order reverses prior administration’s notice to

revoke all chlorpyrifos food tolerances.

NY, WA, CA, MA, ME, MD, VT, DC OUTCOME

In a ruling dated

8/9/18, the

Ninth Circuit held

that there was no

justification for

the EPA’s decision

in its 2017 order

to maintain a

tolerance for

chlorpyrifos

 

 

VT press release

(8/13/18)

 

6/20/2017 Clean Air Council, et al. v. Pruitt/EPA
US Court of Appeals, DC Circuit
Motion of the States for Leave to Intervene in Support of Petitioners
Docket No. 17-1145
CLEAN AIR

Motion to Intervene in support of Petitioners

EPA is seeking to halt the implementation of regulations that stop leaks of greenhouse gas and other harmful air pollutants from new oil and gas sources MA, PA, CT, DE, IL, IA, MD, NM, NY, OR, RI, VT, WA, DC, City of Chicago OUTCOME

7/3/17 Granted Petitioner’s Motion to Vacate the Stay

6/13/2017 Citizen Suit
States v US DOE, et al.
US District Court, Northern Dist CA
Docket No. 4:17-cv-03406
Complaint for Declaratory and Injunctive Relief
Filed 6/13/2017
ENERGY

Joined multi-state litigation.

Citizen suit challenging DOE’s failure to publish final efficiency standards for five categories of products as final rules in the Federal Register as required by EPCA regulations and the APA.

 

NOI for citizen suit was sent 4/3/17.

CA, NY, WA, ME, CT, IL, OR, MD, MA, PA and City of New York.
4/17/2017 Nat’l Electrical Manuf. Assoc. v. US DOE
US Court of Appeals, 4th Circuit
Docket No. 17-1341
Motion of the States… For Leave to Intervene As Respondents
Filed 4/17/2017
ENERGY

Joined multi-state motion to intervene re DOE Efficiency Standards Lamp Rules

Intervened to defend Energy Efficiency Standards; DOE promulgated efficiency standards for light bulbs in January 2017.  The standards broaden the definition of lamps to include incandescent light bulbs under more stringent efficiency standards.  The National Electric Manufacturers Association challenged the regulations. CA MA, NY, OR, WA, DC

NRDC and other envt’l non-profits also have filed a motion to intervene.

OUTCOME

Case settled before the Court ruled on our MTI

4/3/2017 US Dept. of Energy
US Court of Appeals, 2nd Circuit
Docket No. 17-918
The case is consolidated with two other cases where other petitioners (Calif. Energy Commission; NRDC and other envt’l non-profits) are also challenging the rules. Other docket number is 17-916.  This is primary docket number since it was filed first.
Filed: 3/31/2017
ENERGY

Joined Petition challenging the Dept.’s delay in issuing its Energy Conservation Standard for Ceiling Fans. (Dept. of Energy Efficiency Standards Fans Rules)

Petition for review: DOE promulgated two rules to delay the effective date of efficiency standards for ceiling fans. This suit alleges that the delay rules are invalid. NY, CA, CT, IL, ME, MA, OR, WA, PA Dept. of EP, New York City, NRDC and other non-profits also challenging the rules (cases consolidated). OUTCOME

On May 24, 2017, DOE announced that it would not delay the ceiling fans rule any longer.

On June 9, 2017, the parties entered into a “Rule 42.1” stipulation staying the case until the ceiling fans rules go into effect on September 30, 2017.  If the rules do not go into effect as planned, the petitioners will reinstate the case.

4/5/2017 State of West Virginia et al. v. EPA
US Court of Appeals DC (Dkt No. 15-1363)
State and Municipal Respondent-Intervenors’ Opposition to Motion to Hold Proceeding in Abeyance
CLEAN AIR

Joined Multi-State Intervenors’ Opposition to Motion to Hold Proceeding in Abeyance (Clean Power Plan; NSPS for Existing Power Plants)

States led by West Virginia have filed a challenge to EPA’s Clean Air Act § 111(d) rule, which regulates greenhouse gas emissions from existing electric generating units. VT, NY, CA, HI, IA, IL, MA, ME, NM, OR, RI, VA, DC, also CT, DE, MD, MN, NH, WA
1/23/2017 Truck Trailer Manufacturers Assn., Inc. v. EPA
US Court of Appeals DC
Docket No. 16-1430 (consolidated w/16-1447)
Motion to Intervene
Filed: 1/23/2017
CLEAN AIR

Joined Multi-State Motion to Intervene in EPA Suit to Keep Truck Emissions Rule in Place.

Trade associations have challenged a rule that sets greenhouse gas emission and fuel economy standards for medium and heavy duty vehicles. CA Air Resources Board, CT, IA, MA, OR, RI, VT, WA
1/19/2017 State of Texas v. EPA
US Court of Appeals DC
Docket No. 16-1428 (and consolidated cases)
Unopposed Motion of the States… For Leave to Intervene as Respondents in All Consolidated Cases Except Nos. 16-1443 and 16-1448
Filed: 1/19/2017
CLEAN AIR

Joined Multi-State Motion to Intervene in support of EPA’s defense of the Cross State Air Pollution Rule Update for the 2008 Ozone NAAQS

TX and other states have filed challenges to a rule that requires reductions in nitrogen oxides (NOx) emissions at power plants in 22 upwind states in order to address ground-level ozone pollution in downwind states, including Vermont. MD, MA, NH, NY, RI, VT



AMICUS FILINGS

Date Name Action Item Subject/Issues States involved Status/Outcome
4/12/2019 Portland Pipe Line Corporation v. City of South Portland, Maine

Appeal No. 18-2118

US Court of Appeals for 1st Circuit

PORTLAND PIPELINE

 

Joined Multi-State Amicus Brief in the filing of an amicus brief in support of the City of South Portland, Maine as it defends a city ordinance that prohibits bulk-oil loading activities in certain harbor districts.

The City of South Portland, Maine’s ordinance effectively prevents the Portland Pipeline from transporting tar sand oil from Canada – through Vermont, New Hampshire and Maine – to ships in the South Portland Harbor.  The states’ amicus brief argues that the city ordinance is not preempted by federal law and does not violate the dormant Commerce Clause VT, MA, CA, CT, DE, ME, MD, MN, NY, OR, PA, RI, WA, and DC Filed 4/12/2019
3/20/2019 City of Oakland and City and County of San Francisco v. BP PLC, et al.

Appeal No. 18-16663

US Court of Appeals for 9th Circuit

Nos. 3:17-cv-06011-WHA and 3:17-cv-06012-WHA – ND CA, San Francisco

CLIMATE CHANGE

Joined Multi-State Amicus Brief supporting preservation of state’s rights and concrete interest in the ability of state courts to adjudicate climate change-related claims

State courts’ authority to adopt and enforce requirements of state common law-including monetary remedies in cases involving fossil fuel producers and sellers. Here, the district court’s Order Denying Motions to Remand may divest state courts of authority to adjudicate a broad class of state common-law actions-those related to climate change. CA, CT, MD, MN, NJ, NY, OR, RI, VT, WA and DC Pending
3/18/2019 Hoopa Valley Tribe v. Federal Energy Regulatory Commission, American Rivers, et. al, Intervenors for Respondent

US Court of Appeals, DC Circuit

Docket No. 14-1271

 

CLEAN WATER ACT

Joined Multi-State Amicus Brief supporting petition for rehearing of DC Circuit decision that would require states to grant or deny 401 certifications within one year, even where the applicant withdraws its application before the one-year deadline and later resubmits it.

Under the CWA, certain applicants for federal licenses must obtain a 401 Certification from the state ensuring the activity will comply with water quality standards.  A state must act on the application within one year or it is deemed to have “waived” its 401 authority.  Because the federal licensing process typically is many years long and very complex, and because 401 Certifications also involve complex issues dependent on studies conducted in the federal licensing, applicants often will submit their 401 applications, withdraw them, and them resubmit them (often with additional information or studies) in order to keep the 401 process productive and ongoing.  The DC Circuit’s decision prohibits this process and could lead to inefficient denials of 401 applications without prejudice; and, if applied retroactively, could mean states have unknowingly “waived” 401 Certifications for numerous projects, resulting in lost water quality protections (e.g., streamflow), which can be devastating for rivers. WA, CA, HI, MA, MD, NM, NY, OR, RI, VT Pending
01/29/2019 County of San Mateo v. Chevron Corporation, et al.

US Court of Appeals, 9th Circuit

Docket No. 18-15499

 

 

CLIMATE CHANGE

Joined Multi-State Amicus Brief in Support of Plaintiff-Appellees in San Mateo Climate Change Case Remand Issue

 

Amici States submit this brief in support of Plaintiffs to preserve the applicable law of removal jurisdiction and the states’ broad authority and important role in addressing climate change. CA (lead), NY, MD, NJ, OR, RI, VT, WA, and DC Pending
11/19/2019 CONSOLIDATED CASES:

Hopi Tribe, et al. v. Donald J Trump

17-cv-02590 (TSC)

Utah Diné Bikéyah, et al. v. Donald J. Trump

17-cv-02605 (TSC)

Natural Resources Defense Council, Inc., et al.

17-cv-02606 (TSC)

US District Court, Disctrict of Columbia

 

 

ANTIQUITIES ACT

Joined Multi-State Amicus Brief In Support of Plaintiffs’ Opposition to Federal Defendants’ Motion to Dismiss

Amici States submit this brief as amici curiae in support of Plaintiffs to ensure the integrity of the Antiquities Act in protecting our nation’s archeological, cultural, historic, and scientific resources.

 

WA, CA, HI, MA, ME, MD, NM, NY, OR, RI, VT Pending
11/15/2018 City of New York v. Chevron Corporation, Conoco Philips, Exxon Mobil Corporation, Royal Dutch Shell PLC, BP PLC

US Court of Appeals for the 2nd Circuit

Docket No. 18-2188

CLIMATE CHANGE

Joined multi-state amicus brief in support of Appellant City of New York

Amicus Brief arguing that City of New York’s state common law claims regarding climate change are not preempted by federal law NY, CA, MD, NJ, OR, RI, VT, WA, DC Pending
7/26/2018 Honeywell v Mexichem Fluor, NRDC v. Mexichem Fluor
US Supreme Court
Dkt Nos. 17-1703 & 18-2
Brief of States as Amici Curiae in Support of Petitioners
CLEAN AIR

A coalition of 18 Attorneys General filed an amicus brief challenging Appellate court ruling on HFC prohibition, asking the Supreme Court to overturn a divided U.S. District Court of Appeals for the D.C. Circuit in Mexichem Flour vs. EPA (2017).

Review the DC Circuit Court of Appeals’ decision in Mexichem Fluor, Inc. v. EPA. A 2-1 decision issued by the DC Circuit, vacating, in part, a 2015 EPA rule prohibiting the use of HFCs as a substitute for ozone depleting substances based on HFCs status as potent greenhouse gases. MA, CT, DE, HI, IL, IA, ME, MD, MN, NJ, NY, NC, OR, PA, VT, VA, WA, DC Pending
7/24/2018 State of OH et al v US EPA et al
US Dist Court, Southern Dist OH
Docket No. 2:15-cv-02467-EAS-KAJ
Amicus Curiae Brief of the States in Opposition to Plaintiffs’ Motion for a Preliminary Injunction
CLEAN WATER

Joined multi-state amicus brief opposing preliminary injunction of WOTUS Rule.

In 2015 EPA promulgated a rule defining “waters of the United States” – these are the waters that receive protection under the federal Clean Water Act.  The Rule is being challenged in several courts.  In this case, the plaintiff states moved for a preliminary injunction against the WOTUS Rule.  Our amicus brief opposed the preliminary injunction. NY, CA, MA, MD, NJ, OR, RI, WA, DC Pending
5/30/2018 State of GA et al v. Pruitt
US Dist Court, Southern Dist of GA, Brunswick Division
Dkt No.2:15-cv-00079-LGW-RSB
Amicus Curiae Brief by the States In Opposition to Plainfiffs’ Motion for a Preliminary Injunction
Filed 5/30/2018
CLEAN WATER

Joined multi-state amicus brief opposing preliminary injunction of WOTUS Rule.  (May 30, 2018; US District Court for Southern District of Georgia)

In 2015 EPA promulgated a rule defining “waters of the United States” – these are the waters that receive protection under the federal Clean Water Act.  The Rule is being challenged in several courts.  In this case, the plaintiff states moved for a preliminary injunction against the WOTUS Rule.  Our amicus brief opposed the preliminary injunction. NY, CA, CT, MA, MD, NJ, OR, RI, WA, DC OUTCOME
1/24/2018 – US Court of Appeals, 11th Circuit
Docket #2:15-cv-00079
Vacated and Remanded for further proceedings
2/14/2018 Texas Alliance for Responsible Growth, Environment and Transportation v. US EPA, Pruitt, Army Corp of Engineers, James
US Dist Court, Southern Dist. of TX, Galveston Division
Docket No. 3:15-cv-162
CLEAN WATER

Joined multistate amicus brief opposing nationwide preliminary injunction against WOTUS Rule

Several business interests are challenging the WOTUS Rule in federal district court in Texas.  They’ve moved for a nationwide preliminary injunction to stop the WOTUS Rule from being implemented. VT joined a multistate amicus brief challenging the motion. NY, CA, CT, MA, MD, NJ, OR, RI, WA, DC.
1/31/2018 USA v. Harley-Davidson, Inc. et al
US Dist Court DC
Docket No. 1:16-cv-01687 (EGS)
Brief of State and Local Government Amici in Opposition to United States’ Motion to Enter Consent Decree
CLEAN AIR

Joined Amicus Brief opposing elimination of mitigation project included previously in the consent decree

Brief submitted in opposition to US’ Motion for Entry of Consent Decree. The proposed Consent Decree eliminates the $3 million mitigation project that was included in a proposed Consent Decree previously lodged with the Court, and does not add any alternative mitigation requirement to compensate for either its elimination or the one-sided benefit Harley-Davidson will receive from its elimination. IL, IA, ME, MD, MA, NY, OR, RI, VT, WA, DC and the Puget Sound Clean Air Agency
12/12/2017 USA v. Harley-Davidson, Inc. et al
US Dist Court, Dist of GA
Docket No. 1:16-cv-1687 (EGS)
Notice of Intent to File Amicus Brief
CLEAN AIR

A coalition of state AGs say the proposed Consent Decree does not satisfy the applicable standard for entry of a consent decrees and does not serve the public interest.

States provide notice of their intent to file an amicus brief in opposition to the United States’ Motion for Entry of Consent Decree. The proposed Consent Decree does not satisfy the applicable standard for entry of a consent decree and is not in the public interest. IA, ME, MD, MA, NY, OR, RI, VT, WA and the Puget Sound Clean Air Agency
9/27/2017 Mexichem Fluor, Inc. et al. v. US EPA, and Intervenor Respondents
US Court of Appeals, DC Circuit
Docket No. 15-1328, 15-1329
CLEAN AIR

Joined Motion for Invitation to file Brief of States as Amici Curiae in Support of Intervenor-Respondents’ Petitioner’s for Rehearing or Rehearing En Banc

Motion for Invitation to File Brief of States as Amici Curiae in Support of Intervenor-Respondents’ Petitions for Rehearing or Rehearing En Banc CA, CA Air Resources Board, CT, DE, IL, MD, NY, OR, VT, WA, MN/MN Pollution Control Agency, PA
9/27/2017 Mexichem Fluor, Inc. et al. v. US EPA, and Intervenor Respondents
US Court of Appeals, DC Circuit
Docket No. 15-1328, 15-1329
Brief of the States as Amici Curiae in Support of the Interventor-Respondents’ Petitions for Reharing or Rehearing en Banc
CLEAN AIR

Joined Multi-State Amicus Brief

To ensure that courts preserve established deference to reasonable agency interpretations, and that this Court permits the US EPA to effectuate its statutory mandate under Section 612 of the Clean Air Act (42 U.S.C. § 7671k) to replace ozone-depleting substances with less harmful alternatives. CA, CA Air Resources Board, CT, DE, IL, MD, NY, OR, VT, WA, MN/MN Pollution Control Agency, PA OUTCOME

Granted in part and denied in part.
“In sum, we grant the petitions and vacated the 2015 Rule to the extent it requires manufacturers to replace HFC’s with a substitute substance. We remand to EPA for further proceedings consistent with this opinion. We reject all of Mexichem and Arkema’s other challenges to the 2015 Rule.”