“No Basis for Supreme Court Review” of Decision That Struck Down Clean Power Plan Repeal

Today a coalition of states led by West Virginia asked the Supreme Court to review a decision by the U.S. Court of Appeals for the D.C. Circuit that overturned the Trump administration’s attempt to repeal the Clean Power Plan and replace it with the harmful ACE Rule. The states made the request even though currently neither the Clean Power Plan nor ACE – nor any other standards – are in place.

“There is no basis for Supreme Court review. There are no standards in effect right now, and the Biden administration has been clear that any future standards will start from a clean slate. These state Attorneys General seem to be wasting taxpayer money just to attack our nation’s clean air laws. Instead, our lawmakers should work together to provide all Americans with cleaner, healthier air, and to reduce the climate pollution that puts us all at risk.”

- Vickie Patton, General Counsel for Environmental Defense Fund