Killing Climate Plan Would ‘Lead To More Litigation,’ AGs Warn Trump

"Donald Trump has not yet taken office — but already, legal chess moves over how to dismantle President Obama’s signature climate policy, the Clean Power Plan, are being telegraphed.

It started on Dec. 14 with a letter to Mike Pence, Mitch McConnell and Paul Ryan from West Virginia’s attorney general, Patrick Morrisey, and allied attorneys general from largely conservative states who have opposed and sued over the plan. They suggested several steps to undermine the regulation as soon as the president-elect takes office, including an “executive order on day one” that rescinds the rule and tells the EPA not to enforce it because it is “unlawful.”

The conservative AGs also urged Trump’s and Pence’s consideration of whether to “seek to stay or resolve” court cases that are currently pending over the plan. The Clean Power Plan is being weighed by the U.S. Court of Appeals for the D.C. Circuit, which could rule on it soon. The note seemed to imply the possibility of the new administration ceasing to defend the rule in court and instead perhaps seeking a settlement with those opposing it."

Chris Mooney reports for the Washington Post December 29, 2016.