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D.C. Court of Appeals Strikes Down Trump Administration Climate Rule

Jan 27, 2021

(January 27, 2021) - In a one-page, per curiam decision, the U.S. Court of Appeals for the D.C. Circuit last week overturned the Trump administration’s Affordable Clean Energy (ACE) rule, which loosened carbon dioxide emission guidelines for coal-fired power plants.  The rule had been challenged by environmental and health organizations as well as a number of states. 

The decision, which does not provide the court’s reasoning, vacates the ACE rule and remands the issue back to the U.S. Environmental Protection Agency, thereby giving the Biden Administration a cleaner slate to begin its efforts to address greenhouse gas emissions. This increases the likelihood of the new EPA taking aggressive regulatory action on climate change in the near term, and NACWA will be advocating aggressively to ensure the interests of public clean water utilities are represented in that process.    

The incoming administration has pledged to aggressively tackle climate issues, and NACWA will continue to follow the ongoing administrative and legislative efforts to address climate change in the new year. For questions, please contact Kristina Surfus or Amanda Aspatore

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