Sierra Club Statement: Supreme Court to Review D.C. Circuit’s Decision Tossing Out Do-Nothing Trump-era Standards for Power Plant Carbon Pollution

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Washington, DC -- The United States Supreme Court agreed today to review a lower court’s decision striking down the Trump Administration’s so-called Affordable Clean Energy rule. 

Last January, Sierra Club and its allies successfully persuaded the United States Court of Appeals for the D.C. Circuit that the Trump EPA’s appallingly weak limits on power sector carbon pollution hinged upon a plain misreading of the Clean Air Act. Although Sierra Club and its co-litigants had urged the Supreme Court not to review the D.C. Circuit’s holding, the Justices will now decide whether (as the court below held) EPA unlawfully rejected opportunities to reduce climate-disrupting emissions by shifting electric generation from dirty fossil fuel plants to clean energy sources.

In response, Sierra Club Senior Attorney Andres Restrepo released the following statement: 

“While we are disappointed that the Supreme Court has decided to grant review in this case, we are confident that the D.C. Circuit’s ruling is wholly consistent with the text, history, and structure of the Clean Air Act. As the litigation continues, we will vigorously urge the Supreme Court to affirm that the Clean Air Act grants EPA the flexibility to adopt carbon pollution standards that are appropriately stringent in light of the power sector’s outsized contribution to the climate crisis. 

“In the meantime, it will be critical for the Biden Administration to lead once again on climate and clean air for all by developing a new set of carbon pollution safeguards for the electric power sector. Bold action is critical for the United States to meet its ambitious emission reduction targets and protect our families and communities from the worst impacts of climate change.”

About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.