Colorado, Boulder Sue To Stop EPA's Rollback Of Climate Rules

BOULDER, CO — The City of Boulder is one of five cities and Colorado is one of nearly two dozen states suing to stop the U.S. Environmental Protection Agency's repeal of clean air standards and climate rules. Colorado Attorney General Phil Weiser joined with 21 state attorneys general in filing the suit, which challenges the EPA's decision to replace the 2015 Clean Power Plan. Weiser said the EPA's new plan, which rolls back nationwide limits placed on fossil-fuel power plants, poses a risk to public health and "will have virtually no impact" on emissions.

“Because Colorado’s economy relies on our natural resources, we are among the first to witness the effects of climate change. The EPA’s rollback of clean air standards and climate rules and their proposed replacement undermine the rule of law and the work Colorado has already done to advance clean energy solutions and curb harmful emissions,” Weiser said in a statement. “Protecting our land, air, and water is a top priority for the Attorney General’s Office. We owe it to future generations to ensure that climate change is treated as a serious threat and that the rule of law is fairly applied.”

The Clean Air Act requires that limits on air pollutants must be based on the emissions reductions achievable through the “best system of emission reduction.” The “best system of emission reduction” used in the EPA’s new rule — equipment upgrades at coal power plants — will reduce emissions by only 0.7 percent more by 2030 than having no rule at all, according to EPA’s own analysis. EPA found that, under its rule, emissions of one or more of three pollutants — carbon dioxide , nitrogen oxide and sulfur dioxide — will increase in 18 states by 2030.

According to the Colorado Climate Plan, which was last updated in 2018, failure to curb climate change will cause shifts in snowmelt, stressed ecosystems, extreme weather events and increased likelihood of drought. Climate change also threatens Colorado’s economy including the outdoor recreation and agriculture industries.

Others joining the lawsuit include California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia, and the cities of Chicago, Los Angeles, New York City, Philadelphia and South Miami.