AG Balderas: Trump’s EPA Administrator Must Be Recused from Attempt to Repeal Clean Power Plan


Contact: James Hallinan (505) 660-2216

Taos, NM – Joining a coalition of 16 Attorneys General and municipalities, Attorney General Hector Balderas today submitted a comment letter to the U.S. Environmental Protection Agency (EPA) with additional evidence of due process violations, lack of fairness, and ethical lapses stemming from Administrator Scott Pruitt’s involvement in the EPA’s efforts to repeal the Clean Power Plan (CPP).

Attorney General Balderas previously submitted a comment letter on this matter on January 9, 2018. The CPP is a strong, effective, and science-based policy that would significantly reduce carbon pollution from power plants, the country’s largest stationary source of climate-damaging pollution.

“President Trump’s EPA Administrator must recuse himself from any attempt to repeal the Clean Power Plan,” said Attorney General Balderas. “Administrator Pruitt relentlessly used his previous position as Attorney General of Oklahoma to attack the Clean Power Plan, but our coalition of chief law enforcement officers will continue to fight to protect our environment from President Trump’s dangerous regulatory roll backs.”

The Constitution’s Due Process Clause and basic principles of administrative law, as articulated by the courts, entitle the public to a fair and open proceeding run by an impartial decision-maker. In their supplemental comment letter, the Attorneys General and municipalities again make clear that Administrator Pruitt cannot serve as a neutral and fair decision-maker on the EPA’s attempt to repeal the CPP. As Oklahoma Attorney General, he worked through the courts, legislature, and the media to try to stop the EPA from moving forward with the CPP. His relentless attacks have continued as EPA Administrator. The attorneys general and municipalities note that, since January 9, 2018, when they submitted their initial comment letter, Administrator Pruitt has continued to make comments in opposition to the CPP. For instance, he has said:

  • The CPP “is demonstrative of a violation of rule of law”;
  • Withdrawing the CPP “is absolutely an important thing”;
  • And he is “getting rid of .”

Joining Attorney General Balderas in sending this comment letter were the states and municipalities of California, Delaware, Illinois, Maine, Maryland, Massachusetts, Oregon, Washington, the District of Columbia, the County of Broward (Florida), and the Cities of Boulder (Colorado), Chicago (Illinois), New York (New York), Philadelphia (Pennsylvania), and South Miami (Florida).

Please see attached for the letter submitted today.

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