Attorney General Becerra: When It Comes to the Future of Our Planet, the American People Deserve to Be Heard

SACRAMENTO – California Attorney General Xavier Becerra today joined 27 Attorneys General in calling on the Trump Administration to give the American people a fair chance to make their voices heard on the regressive effort to kill the 2015 Clean Power Plan. Given that the Administration’s proposed Dirty Power Plan is, as they acknowledge, three rules in one, the Attorneys General urge the Administration to extend the comment period to 121 days and hold additional public hearings.

“All of us across America deserve a voice in deciding the fate of our families when it comes to the air we breathe and the climate we live in,” said Attorney General Becerra. “The Trump Administration must answer the question: how do you justify a Dirty Power Plan that you admit will cause up to 1,400 additional deaths per year? Our children, our families and our planet deserve more than 61 days to weigh in on a plan that will significantly accelerate climate change, the most pressing environmental issue of our time. At the California Department of Justice, we will continue doing all we can to fight on their behalf.”

The letter identifies three important reasons why the comment period should be extended and additional public hearings are warranted:

• EPA itself admits that its proposal is effectively three rules in one: proposing far weaker emissions reductions, restructuring the regulatory framework for state plans, and carving out a loophole enabling fossil-fuel powered plants that undergo modifications to avoid permitting obligations under the Clean Air Act.
• EPA has only proposed to hold one public hearing, despite EPA Acting Administrator Wheeler’s admission that it must provide for the “fullest possible public participation.”
• The Clean Power Plan was the result of unprecedented outreach and engagement, itself being subject to a 120-day public comment period and four public hearings when proposed.

The 2015 Clean Power Plan was the culmination of a decade-long effort by partnering states and cities to require mandatory cuts in the emissions of climate change pollution from fossil fuel-burning power plants under the Clean Air Act. The Clean Power Plan, along with the companion rule applicable to new, modified, and reconstructed power plants, would control these emissions by setting limits on the amount of climate change pollution that power plants can emit. The Clean Power Plan would eliminate as much climate change pollution as is emitted by more than 166 million cars a year – or 70 percent of the nation’s passenger cars.

Attorney General Becerra will continue to vigorously defend the Clean Power Plan. Recent actions include:

• On March 28, 2017, Attorney General Becerra issued a statement regarding his commitment to defend America’s Clean Power Plan.
• On January 9, 2018, Attorney General Becerra, leading a coalition of 19 states and municipalities, submitted a 30-page comment letter to the EPA on due process violations, lack of fairness, and ethical lapses that arose from former Administrator Scott Pruitt’s involvement in the proposed rulemaking to repeal the Clean Power Plan.
• On February 27, 2018, Attorney General Becerra’s office defended the Clean Power Plan in an EPA listening session in San Francisco.
• On April 26, 2018, the Attorney General, leading a coalition of 16 Attorneys General and municipalities, submitted a supplemental comment letter to the EPA with additional evidence of due process violations, lack of fairness, and ethical lapses stemming from form Administrator Scott Pruitt’s involvement in the EPA’s efforts to repeal the Clean Power Plan.
• On August 21, 2018, Attorney General Becerra condemned the Trump Administration’s official proposal to dismantle the Clean Power Plan. 

A copy of the letter is available here.