M E M O R A N D U M
To: Honorable Mayor and Town Council
From: Mitchell A. Bierman, Town Attorney
Date: February 19, 2020
Re: Authorizing the Town to Join an Amicus Brief Opposing the Affordable Clean Energy (ACE) Rule
REQUEST
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A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AUTHORIZING AND DIRECTING THE TOWN TO JOIN IN THE FILING OF AN AMICUS BRIEF TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT OPPOSING THE ENVIRONMENTAL PROTECTION AGENCY'S AFFORDABLE CLEAN ENERGY RULE; URGING LOCAL GOVERNMENT SUPPORT OF THE BRIEF; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
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BACKGROUND AND ANALYSIS
At the January 15, 2020 Town Council Meeting, there was a discussion regarding the filing of an amicus brief to the United States Court of Appeals for the District of Columbia Circuit opposing the Environmental Protection Agency's (EPA) Affordable Clean Energy (ACE) rule. The purpose of the amicus brief is to respond to the environmental, health, and economic consequences of the replacement rules that would weaken pollution limits for powerplants and automobiles respectively.
In June 2019, the Trump Administration proposed the ACE rule as a replacement for the 2015 Clean Power Plan (CPP) to tackle carbon emissions from power plants. The CPP set more aggressive pollution reduction goals while also projecting more health and climate benefits than the ACE rule. A comparison of benefits and goals are hereto attached as Attachment "A".
In September 2019, the EPA and the National Highway Traffic Safety Administration proposed The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program, which when replaced would weaken the State and Federal Clean Cards Standards (Attachment "B").
The Columbia University Sabin Center (the "Sabin Center") is preparing the amicus brief as a pro bono service and will cover the filing, and other related fees, required for the ...
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