This week, the DC District Court of Appeals issued an important ruling – American Lung Association v EPA - that struck down the Trump Affordable Clean Energy (ACE) rule. In the sweeping opinion, the court found that EPA inappropriately revoked the Obama era Clean Power Plan to reduce GHG emissions from power plants and the ACE rule – the replacement plan developed by the Trump Administration -- was based on a faulty interpretation of the Clean Air Act authority.  For comparison, the Obama Clean Power Plan, when fully implemented, was expected to reduce GHG emissions from power plants by 20 -30 percent.  The Trump ACE, when fully implemented, was expected to reduce GHG emissions from power plants by less than 2 percent. 

The court’s decision clears the way for the Biden Administration to move forward with new policy on limiting GHG emissions from power plants without having to revoke or rescind the Trump policy – likely accelerating by several months the Biden Administration’s ability to develop and implement new rules on GHG emissions from power plants.

The ATS filed an amicus brief in the case supporting the challenge to the Trump EPA rule.  "I am thankful for the court’s decision and I hope that the amicus brief the ATS filed, joined by several other prominent physician groups played a role in the court’s decision," says ATS Environmental Health Policy Committee Vice Chair Kevin Cromar PhD.  "I am proud of the work the ATS did to help secure the court’s decision."