Maine AG asks court to dismiss suit alleging lack of action to address climate change

“Our lawsuit in a nutshell is to hold the state accountable to its legal obligations to meet its science-driven climate mandates," said Emily Green, senior attorney for the Conservation Law Foundation. (Photo by Drew Angerer/Getty Images)

Attorneys for the state of Maine on Friday filed a motion to dismiss a lawsuit brought by youth groups and environmental advocates that argues officials have failed to take the necessary steps to cut carbon emissions as required by law. 

The initial lawsuit — filed in April by the Conservation Law Foundation, Maine Youth Action and Sierra Club — alleges that the Maine Department of Environmental Protection (DEP) is not following a 2019 law that requires the state to cut its carbon emissions 45% by 2030 and 80% by 2050. 

On Friday, lawyers for the Maine Office of the Attorney General said those arguments are baseless. 

The motion to dismiss argues that the state did not violate any laws because it was not required to adopt the particular rules that it ended up rejecting, namely the Advanced Clean Cars II Act, which would have required 82% of new vehicles sold in the state to be electric by 2032. The lawyers also argue many of the claims brought by the groups are repetitive and that the proposed remedy — asking the court to direct and accelerate the DEP’s rulemaking efforts — would breach the constitutional separation of powers between branches of government.

The plaintiffs will now have until the beginning of August to respond to the state’s motion.  

During a media briefing on the case prior to the state’s filing, Emily Green, senior attorney for the Conservation Law Foundation, said advocates are trying to ensure adherence to the stipulations of the law. 

“Our lawsuit in a nutshell is to hold the state accountable to its legal obligations to meet its science-driven climate mandates,” she said.

Green argued that the climate groups are not trying to dictate exactly how Maine will cut emissions but are seeking a court ruling that would require concrete steps to meet the targets outlined in state law. 

Green pointed out that impacts of climate change are already being seen, pointing to the warming of the Gulf of Maine, the series of violent storms this past winter and dangerous pests like ticks moving north as temperatures rise. 

While she said the state has taken steps to support decarbonization and resilience planning in policy, Maine officials have “failed to develop and implement the enforceable standards necessary to slash carbon pollution as our climate law requires.”

For example, the initial lawsuit points to the Maine Board of Environmental Protection’s decision in March to reject the Advanced Clean Cars II Act. 

Board members who voted against the rule cited lingering questions about the policy and also argued that such a significant decision should instead be considered by elected officials. 

But critics of that decision say the state hasn’t done enough to address pollution from transportation, which is the largest source of emissions of any sector in Maine.

“We think Maine deserves more than empty promises and Mainers need action that matches the magnitude of the climate crisis,” Matt Cannon of Sierra Club Maine said during the media briefing Wednesday. “State leaders must do all they can to responsibly and equitably reduce emissions, starting with our most significant polluters.” 

State leaders insist they are taking significant steps to address the climate crisis. In an April proclamation honoring Earth Day, Gov. Janet Mills said Maine has made “extraordinary progress toward our climate goals” outlined in the state’s climate action plan, Maine Won’t Wait, which is intended as a roadmap for how to reduce emissions at the rate required by law. 

The Maine Climate Council — the group that created that plan — met on Tuesday and received draft strategies and recommendations from an array of experts to help “strengthen Maine’s resilience to the effects of climate change and continue its momentum in reducing greenhouse gas emissions,” according to a news release from the Governor’s Office of Policy Innovation and the Future. 

The 39-member council, which includes scientists, industry leaders, local and state officials, and citizens, is working to update the climate action plan by December and will be reviewing the strategies and recommendations in the coming months. The public can also provide feedback by filling out a survey on the strategies.   

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