The Senators warn that, “Because of existing provisions within the Clean Air Act and others embedded in the Paris Agreement, remaining in it would subject the United States to significant litigation risk that could upend your Administration’s ability to fulfill its goal of rescinding the Clean Power Plan. Accordingly, we strongly encourage you to make a clean break from the Paris Agreement.”
“Leading environmental attorneys have been candid that they intend to use the Paris Agreement and the existing endangerment finding to force EPA to regulate under Section 115 of the Clean Air Act.”
Today the Fourth Circuit Court of Appeals upheld a prohibition on the President’s ban on travel from nations he considers terrorist risks. The federal judiciary has proven its willingness to thwart the President’s executive authority with a heavy hand.
Making a “clean break” from the Paris Agreement is the sure-fire way to prevent the courts from doing the same to thwart the President’s energy policy.