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More than 70 lawmakers join suit challenging Trump power plant rollbacks

More than 70 lawmakers join suit challenging Trump power plant rollbacks

More than 70 Democratic lawmakers from both chambers have joined a suit challenging the Trump administration for rolling back Obama-era power plant regulations.

The Affordable Clean Energy (ACE) rule finalized by the Environmental Protection Agency (EPA) in August scraps former President Obama’s Clean Power Plant rule. Lawmakers in the House and Senate filed separate amicus briefs challenging the rule late Friday.

The ACE rule aims to give states more time and authority to decide how to implement the best new technology to ease net emissions from coal-fired plants. The rule does not set any standards to cap those emissions.

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Critics argue ACE allows for only modest pollution controls at power plants, a feature that, if upheld, could hamstring future administrations from addressing climate-altering pollution through regulation under the Clean Air Act.

“The Clean Air Act and its amendments granted EPA authority with significant flexibility to address unforeseen air pollution challenges, including climate change,” Reps. Paul TonkoPaul David TonkoOVERNIGHT ENERGY: House Democrats reintroduce road map to carbon neutrality by 2050 | Kerry presses oil companies to tackle climate change | Biden delays transfer of sacred lands for copper mine House Democrats reintroduce road map to carbon neutrality by 2050 Pelosi: Sexual harassment allegations against Cuomo 'credible' MORE (D-N.Y) and Jared HuffmanJared William HuffmanDemocrats don't trust GOP on 1/6 commission: 'These people are dangerous' OVERNIGHT ENERGY: White House rescinds Trump proposal to restrict greenhouse gas consideration | Texas governor limits shipping natural gas out-of-state amid power shortages | Lawmakers clash over gun prohibition in Natural Resources committee room Lawmakers clash over gun prohibition in Natural Resources Committee room MORE (D-Calif.) wrote in a statement after filing a brief alongside 70 other lawmakers.

“We will continue to oppose this administration’s willful misinterpretations of environmental laws that seek to justify rolling back critical public health protections and undermine future administrations’ ability to safeguard our environment and the American people,” they wrote.

The Trump EPA had long argued the Clean Power Plant rule was too broad, creating an undue burden on industry.

"CPP's overreach would have driven up energy prices for consumers and businesses alike," EPA Administrator Andrew WheelerAndrew WheelerEPA sued by environmental groups over Trump-era smog rule Environmental groups sue over federal permit for Virgin Islands refinery OVERNIGHT ENERGY: Court rules against fast-track of Trump EPA's 'secret science' rule | Bureau of Land Management exodus: Agency lost 87 percent of staff in Trump HQ relocation | GM commits to electric light duty fleet by 2035 MORE said when the rule was first released. "We are proposing a better plan — it respects the rule of law and will enable states to build affordable, clean, reliable energy portfolios."

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Reached for comment Monday, the agency said, "EPA looks forward to defending the Affordable Clean Energy Rule before the court."

But a brief from senators argued the EPA has been too aligned with industry interests since the start of the Trump administration. 

“The record of this case, and of other regulatory matters of which this court may take notice, indeed raise the question whether this EPA is even capable of fair decision-making in matters involving the interests of the fossil fuel industry, or whether rampant cronyism, conflicts of interest, and corruption leave EPA under present leadership unable to conform itself to the strictures of [federal administrative law],” according to the filing from Sens. Sheldon WhitehouseSheldon WhitehouseFeds looking at communications between lawmakers, Capitol rioters: report FBI director commits to providing Senate information after grilling from Democrat Biden nominee previews post-Trump trade agenda MORE (D-R.I.), Ed MarkeyEd MarkeyHillicon Valley: High alert as new QAnon date approaches Thursday | Biden signals another reversal from Trump with national security guidance | Parler files a new case Senators question Bezos, Amazon about cameras placed in delivery vans OVERNIGHT ENERGY: House Democrats reintroduce road map to carbon neutrality by 2050 | Kerry presses oil companies to tackle climate change | Biden delays transfer of sacred lands for copper mine MORE (D-Mass.), Jeff MerkleyJeff MerkleyHouse-passed election bill takes aim at foreign interference Bipartisan bill would ban lawmakers from buying, selling stocks Pentagon prevented immediate response to mob, says Guard chief MORE (D-Ore.), Brian SchatzBrian Emanuel SchatzMinimum wage setback revives progressive calls to nix Senate filibuster Little known Senate referee to play major role on Biden relief plan Bipartisan group of lawmakers proposes bill to lift rule putting major financial burden on USPS MORE (D-Hawaii), and Kirsten GillibrandKirsten GillibrandABC names new deputy political director, weekend White House correspondent The Hill's Morning Report - Presented by Facebook - Lawmakers face Capitol threat as senators line up votes for relief bill The Hill's Morning Report - Presented by Facebook - Senate Dems face unity test; Tanden nomination falls MORE (D-N.Y.).

Updated at 3:10 p.m.