Retired Judge Thomas Griffith of the D.C. Circuit Court of Appeals and former Secretary of Homeland Security Jeh Johnson spoke about their professional experiences working together from opposing sides of the political spectrum.
On January 19, 2021, the U.S. Court of Appeals for the District of Columbia struck down the Affordable Clean Energy (“ACE”) rule.
The Court issued a 185-page opinion (download here) within which it ultimately determined that the Environmental Protection Agency (“EPA”) did not act lawfully when it adopted the 2019 ACE rule.
The ACE rule has been vacated and remanded to EPA.
EPA finalized the ACE rule in June of 2019. Along with the issuance of the ACE rule, EPA repealed the Clean Power Plan (“CPP”). The CPP was issued by EPA in 2015 but in an unprecedented move was stayed by the United States Supreme Court before it could go into effect.