January 22nd, 2019

On Jan. 22 Attorney General Nessel made good on her campaign promises to prioritize Michigan’s air, land and water over profits of corporate polluters by withdrawing Michigan from four federal lawsuits challenging EPA Clean Power standards. The cases in question are summarized below: 

  1. West Virginia et al. v EPA et al. 
    1. Lawsuit challenging EPA Clean Power Plan rules that cap greenhouse gas emissions from existing power plants
  2. North Dakota v EPA 
    1. Lawsuit challenging EPA Clean Power Plan rules that cap greenhouse gas emissions from new power plants
  3. Murray Energy Corporation v EPA 
    1. Lawsuit challenging EPA standards for the emission of mercury and other hazardous substances from power plants. 
  4. American Petroleum Institute v EPA 
    1. Lawsuit challenging the EPA standards for the emission of methane from oil & gas operations 

Attorney General Nessel doubled down on Michigan’s new legal approach by also withdrawing Michigan from a case supporting Exxon Mobil. The case in question, ExxonMobil v Healey, was initiated by Exxon to attempt to block Massachusetts AG Healey’s investigation into internal company climate change research and discourse. These withdrawals indicate a welcome pro-conservation interpretation of the law.