Court overturns Trump administration’s Clean Power Plan replacement

[thackney]

Court overturns Trump administration’s Clean Power Plan replacement
https://www.ogj.com/general-interest/government/article/14195851/court-overturns-trump-administrations-clean-power-plan-replacement
Jan 20th, 2021

A federal appeals court overturned the Trump administration’s regulatory replacement for the Clean Power Plan, an Obama administration rulemaking that set standards tough enough to drive more switching of US power production from use of coal to natural gas and renewables.

The Trump administration issued its Affordable Clean Energy (ACE) rule in June 2019 and published it in the Federal Register July 8, 2019. It was challenged in court by a mix of state and local governments, power utilities, renewable power associations, and environmental and health groups.

The US Court of Appeals for the District of Columbia Circuit ruled Jan. 19 that the Environmental Protection Agency (EPA) based its 2019 rule on an interpretation of the Clean Air Act that incorrectly concluded EPA lacked the authority to impose the more demanding rules adopted by the Obama administration.

The court vacated and remanded the 2019 rule. The case is American Lung Association v. EPA....

[IsailedawayfromFR]

If I am interpreting this correctly, seems this is one more time an Executive Action by Obama cannot be undone by the next Executive, presumably because he was not the 'right' Executive.