“Because promulgation of the ACE Rule and its embedded repeal of the Clean Power Plan rested critically on a mistaken reading of the Clean Air Act, we vacate the ACE Rule and remand to the Agency,” said the 185-page decision.
EPA spokeswoman Molly Block said the agency would review the decision and “explore all available litigation options,” while New York Attorney General Letitia James applauded the ruling against the so-called dirty power rule.
“This ruling affirms what we’ve said all along the ‘Affordable Clean Energy’ rule did nothing to promote clean energy, and was not affordable for American consumers,” Ms. James said in a statement. “Instead, this ‘Dirty Power’ rule served to support dirty and expensive coal power plants, undercut clean and sustainable electricity, and left New Yorkers and all other Americans to foot the bill.”