New York attorney superior general Letitia James has had a busy start to the hebdomad . On Monday , she announced plan to action the Trump administration over itsgutting of the Endangered Species Act . And on Tuesday , she along with 21 other state attorneys ecumenical and seven cities denote they were suing the organization over itsweak - ass replacementto the Clean Power Plan .

A sound challenge in some form has been expect ever since the Trump administration dropped the Affordable Clean Energy Rule ( ACE ) , its Clean Power Plan replacement , in June . And now it ’s here , marking the scratch line of what could be a protracted effectual battle over the administration ’s power plant regulations .

The causa alleges that ACE does n’t do enough to reduce glasshouse flatulency discharge , something the Environmental Protection Agency is mandated to do under the Clean Air Act . A lot of this sleeper to the conception of what is the “ best organization of expelling reduction , ” as defined by the Clean Air Act .

New York State attorney general Letitia James

New York State attorney general Letitia JamesPhoto: AP

Under Obama ’s Clean Power Plan , the disposal set out targets for each body politic to melt off its power plant expelling and incentivized moving away from ember , the most carbon - intensive manikin of energy . In comparison , ACE does n’t lay out any specific targets for carbon paper contamination reductions and only asks that plant trust on“inside the fencing - line ” solutionsto reduce emissions . Those improvements would mostly be revolve around around improving efficiency , a move that ’s in personal line of credit with the Trump administration ’s attempts to prop up the ember industry in the face of prevailing economic headwind and the loom clime crisis .

In add-on to argue correctly that the ACE formula is tantamount to climate defence , James and the fusion of cities and state are also suing on the grounds that its approach is hogwash and ignores the “ best system ” conception central to the Clean Air Act . The group also rightly channelise out that the rule is fundamentally useless for reducing discharge . In fact , inquiry indicate thatsome states could see carbon discharge increaseunder ACE . TheEPA ’s own analysisfrom the Obama years feel that the Clean Power Plan would also have saved 3,600 lives annually due to co - welfare of concentrate mercury and other harmful pollutant , so those are also out the window .

“ My office , and this groundbreaking coalition of land and metropolis from across the nation , will fight back against this outlawed , do - nothing principle in ordering to protect our time to come from ruinous climate change , ” she said in a command announcing the courtship .

Argentina’s President Javier Milei (left) and Robert F. Kennedy Jr., holding a chainsaw in a photo posted to Kennedy’s X account on May 27. 2025.

The lawsuit is a neat encapsulation of the polarisation in the U.S. between United States Department of State taking the climate crisis badly and those that would rather do nothing ( or at least very little ) about it . While the current suit allege the ACE rule does n’t do enough , 24 states filed a cause when the Clean Power Plan dropped alleging it did too much . That alignment of Republican attorneys full general was led by none other thandisgraced former Oklahoma attorney superior general Scott Pruittwho went on to becomedisgraced former EPA decision maker Scott Pruitt . That alliance won a stay of the Clean Power Plan after days of legal wrangling . This new engagement is potential to be a long one , too .

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