Two dozen states ask Trump to scrap Clean Power Plan on Day 1

Dive Brief:

Two dozen states have sent a letter to Vice President-elect Mike Pence and other Republican leaders, calling for the incoming administration to roll back the Clean Power Plan on its first day in office.
Led by West Virginia Attorney General Patrick Morrisey, the states asked President-elect Donald Trump to issue an executive order instructing the U.S. Environmental Protection Agency to not enforce the rule.
Scrapping President Obama's signature climate rule was a campaign promise Trump made in September, along with others to roll back regulation and empower fossil fuel mining and use.

Dive Insight:

While officially undoing any regulations will take time, Morrissey's letter outlined initial steps the Trump administration can take to roll back the Clean Power Plan. Along with the executive order, they want Trump to take formal administrative action to withdraw the rule, review existing litigation and move forward with longer-term legislative action.

"An executive order on day one is critical," the attorneys general wrote. "The order should explain that it is the Administration's view that the Rule is unlawful and that EPA lacks authority to enforce it."

To actually withdraw the rule, the letter says there will need to be formal administrative action "consistent with the Administrative Procedure Act and the Clean Air Act. As the States and state agencies that have been and are still litigating against this Rule, we welcome the opportunity to discuss with you in greater detail the steps that will be required."

The Clean Power Plan aims to curb greenhouse gas emissions 32% by 2030 from the power sector, but had been fiercely opposed by many states, with Morrissey leading the charge. Interestingly, The Hill points out that Oklahoma Attorney General Scott Pruitt — Trump's pick to head the EPA — did not sign the letter, despite being a vocal critic of the rule.

The rule is currently being considered by the D.C. Circuit Court, and review by the U.S. Supreme Court could still be in the cards. For more on Trump's impact on energy policy, and how his administration could reverse the Clean Power Plan, read Utility Dive's coverage here.