Tell our MoCs: No more funding for ICE/CBP or the Wall

Deadline: today and every day – Like the spoiled kid who says he’ll take his toys and break up the game, the Current Occupant is threatening to shut down the government unless Congress agrees to his demands: $5 billion to pay for his wall and for more inhumane enforcement and detention at the border. This on the heels of tear-gassing kids and calling their parents “baby-grabbers.”

So far, the current House of Representatives is saying OK, but the Senate is saying NO. The Senate should, pardon the expression, stick to its guns. They can insist on a budget with no new funding for the wall or for enforcement; or, alternatively, support a Continuing Resolution, which would basically authorize just enough funding to keep the government going until the next Congress takes office.

And both the Senate and the House have the ability and responsibility to exercise oversight authority over the actions of U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). In fact, on December 11, at 11 AM Eastern time, the Senate Committee on the Judiciary – on which both Senators Feinstein and Harris sit – will hold a hearing on “Oversight of U.S. Customs and Border Protection.” You can watch on CSPAN or here.

What you can do:

Tell Senators Feinstein and Harris:

My name is _____, my zip code is _____, and I’m a member of Indivisible East Bay. I’m horrified by the growing list of atrocities by immigration officials against refugees, from family separation to family gassing at the border. Thank you for speaking out. Please do everything you can to keep funding for ICE and CBP in check – fight for a budget with no new funding for the wall and border enforcement, or support a Continuing Resolution. And please be extra rigorous and thorough in your questioning in the upcoming Judiciary Committee hearing on Oversight of US Customs and Border Protection.

Contact info:

  • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841; 1 Post Street, Suite 2450, San Francisco CA 94104
  • Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553; 333 Bush Street, Suite 3225, San Francisco CA 94104

 

Tell Representatives DeSaulnier, Lee, and Swalwell that you want them to limit funding, and to call for investigations into the administration’s inhumane immigration policies, including turning away refugees, tear gassing, and family separation.

What to say:

My name is _____, my zip code is _____, and I’m a member of Indivisible East Bay. I’m horrified by the growing list of atrocities by immigration officials against asylum seekers, from family separation to family gassing at the border. Thank you for speaking out, and please do all you can to investigate, conduct rigorous oversight, and limit funding for the administration’s inhumane immigration policies.

NOTE: You can add on the following for each of the East Bay’s Representatives:

  • If you’re a constituent of Rep. Swalwell, ask him to use his position on the House Judiciary Committee to do all he can, including oversight of ICE and CBP; and thank him for saying that despite threats of a government shutdown, he would never vote to fund the wall. Read our article.
  • If you’re a constituent of Rep. DeSaulnier, ask him to use his position on the House Committee on Oversight and Government Reform to do all he can, including oversight of ICE and CBP.
  • If you’re a constituent of Barbara Lee, thank her for publicly calling out Trump’s “childish and unacceptable” threat to shut down the government if he doesn’t get funding for the wall – and her pledge not to support it.

Contact info:

  • Rep. Mark DeSaulnier (email): (510) 620-1000 DC: (202) 225-2095; 440 Civic Center Plaza, 2nd Floor, Richmond, CA 94804
  • Rep. Barbara Lee (email): (510) 763-0370 DC: (202) 225-2661; 1301 Clay Street #1000N, Oakland CA 94612
  • Rep. Eric Swalwell (email): (510) 370-3322 DC: (202) 225-5065; 3615 Castro Valley Blvd., Castro Valley CA 94546

Read our related article for more information.

Hugs, not tear gas!

Outraged by the administration’s inhumane and illegal treatment of refugees seeking asylum at our southern border, the East Bay turned out in force on Saturday, December 1, 2018 at several hastily-planned protests called by the national group Families Belong Together.  

Governance Committee member and CA-11 team lead Ted Lam reports on the noon rally in El Cerrito:

Thirty people, including families with children, gathered at a busy intersection at El Cerrito Plaza at the Stop the Tears protest organized by El Cerrito Progressives’ Sherry Drobner. People held signs – including forming a human billboard spelling out STOP T-H-E-T-E-A-R-S – and enthusiastically chanted “Let them Pass, No Tear Gas” and “Refugees families under attack, This is illegal, Stand up and fight back!”

Stop the Tears protest in El Cerrito, photo by Ted Lam
Stop the Tears protest in El Cerrito, photo by Ted Lam

The pedestrians and motorists streaming by were very supportive, with many honking  in approval. The one-hour event passed too quickly but we felt good at speaking out loud and clear against the administration’s inhumane actions. 

Governance Committee member and volunteer team lead Andrea Lum reports on the San Leandro protest, which she organized with GC member and IEB treasurer Gina Clinton:

Stop the Tears protest in San Leandro
Stop the Tears protest in San Leandro

The day started off rainy and stormy but ended in cheers, honks and waves at our small but mighty protest on the corner of Memorial Park in San Leandro, As the sun came out, our trio was joined by a mother and son, and another person outraged by the tear gassing of families at the border. Seven people on a rainy Saturday – we call that a win!

Didn’t make it to a protest? There’s still much you can do to help fight. See our article with information, a call script, and contact info to make sure that your elected representatives speak out and do all they can.

 

 

 

Out of the mouths of babes

Deadline for public comments: December 10, 2018 

What could be meaner than taking food out of the mouths of children? The latest assault from the Grinch Administration is a proposed regulation that would change how the government evaluates legal immigrants for green cards and visas. If this regulation takes effect, it could literally result in immigrants foregoing necessary assistance for themselves, or for their kids, in order to keep their status. You have until Monday December 10 to protest this outrage by submitting a comment. Go to www.regulations.gov/document?D=USCIS-2010-0012-0001 and click the dark blue “COMMENT NOW” button in the upper right. If that doesn’t work, go to www.regulations.gov and click on “Inadmissibility on Public Charge Grounds” under “What’s Trending” and follow the instructions for submitting a comment. Be sure to reference DHS Docket No. USCIS-2010-0012. See below for suggested language and alternative methods to submit comments.

The government already considers whether an immigrant is likely to become a “public charge” before granting a green card and many kinds of visas. Until now, this has referred to receipt of cash benefits – and, despite what fearmongers would have you believe, only 3% of non-citizens use these benefits. Under the proposed change, the “public charge” analysis could include receipt of Section 8 housing and food assistance, potentially forcing legal immigrants to give up benefits that they and their families need in order to keep their immigration status. This is cruel and unreasonable, especially because:

What you can do:

From the official website:

You may submit comments on this proposed rule, including the proposed information collection requirements, identified by DHS Docket No. USCIS-2010-0012, by any one of the following methods:

  • Federal eRulemaking Portal (preferred): www.regulations.gov. Follow the website instructions for submitting comments.

  • Mail: Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue NW, Washington, DC 20529-2140. To ensure proper handling, please reference DHS Docket No. USCIS-2010-0012 in your correspondence. Mail must be postmarked by the comment submission deadline.

If your citizenship status is secure, please do this action. Please personalize this suggested language (because verbatim comments may be grouped together and not counted separately), and submit by December 10:

I am writing with reference to DHS Docket No. USCIS-2010-0012. I oppose the proposed regulation restricting green cards from families who use public assistance. This regulation would violate my state’s right to provide benefits to families in short-term crisis and increase federal meddling in local issues. I object to depriving more than 40 million children of food, health care, and shelter. I want my tax dollars to support and show basic decency toward aspiring Americans, not to keep out people who need temporary help on their journey toward citizenship.

 

 

Tears at the border

Deadline: today and every day –

On Sunday November 25, Customs and Border Protection officers shot tear gas canisters and rubber bullets into Mexico at refugees approaching the country’s busiest border crossing, which the United States had closed that day. This was a shocking, excessive and unjustified response. Asking for refugee status is not a crime and should not be treated as such.

It’s clear 45 set up the chaos and threw the match. He sent an unprecedented and unnecessary number of troops to the border to defend against unarmed civilians seeking asylum, escalated his inflammatory anti-immigrant and racist tweets, and illegally forced the migrants to remain in Mexico under dangerous conditions, all while their claims were processed at a deliberately slow pace.

Asylum seekers must be permitted to apply for asylum, and must be protected from the atrocities they flee, not be subjected to further brutality and violation of their human and legal rights. Immigration officials, including from Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and the Office of Refugee Resettlement, continue to perpetrate a growing list of atrocities – from family separation and detention of children to family gassing (which the Mad Hatter in the White House unbelievably called “very safe,” blaming the shameful incident on “…parent[s] running up into an area where they know the tear gas is forming…” and speculating that the parents might actually be child-stealing “grabbers” … )

What you can do:

We may be miles away but you can help fight this administration’s barbaric and illegal actions.

Make sure your elected representatives speak out:

Our Members of Congress are standing up! Senator Feinstein issued a statement condemning the administration’s actions, and Senator Harris and East Bay Representatives DeSaulnier, Lee, and Swalwell, have also spoken out publicly.

What you can do now: Make sure your MoCs keep speaking out. Call them frequently: it’s the best way to let them know how important this is to you. What to say:

My name is _____, my zip code is _____, and I’m a member of Indivisible East Bay. I’m horrified by the growing list of atrocities by immigration officials against refugees, from family separation to family gassing at the border. Thank you for speaking out, and please do all you can to keep funding for ICE and CBP in check, ensure their compliance with inspections, and conduct rigorous oversight.

  • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841; 1 Post Street, Suite 2450, San Francisco CA 94104
  • Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553; 333 Bush Street, Suite 3225, San Francisco CA 94104
  • Rep. Mark DeSaulnier (email): (510) 620-1000 DC: (202) 225-2095; 440 Civic Center Plaza, 2nd Floor, Richmond, CA 94804
  • Rep. Barbara Lee (email): (510) 763-0370 DC: (202) 225-2661; 1301 Clay Street #1000N, Oakland CA 94612
  • Rep. Eric Swalwell (email): (510) 370-3322 DC: (202) 225-5065; 3615 Castro Valley Blvd., Castro Valley CA 94546

Hit the streets:

Families Belong Together has called for nationwide protests on Saturday and Sunday, December 1-2. There are several events in the Bay Area at varying times, including in the East Bay:

  • Sat. Dec. 1, 9:30 AM: Oakland, Fruitvale Station (near BART entrance), 3401 E 12th St.
  • Sat. Dec. 1, 10 AM: San Leandro, Memorial Park, 1105 Bancroft Ave.
  • Sat. Dec. 1, 12 PM: El Cerrito, El Cerrito Plaza, 7000 San Pablo Ave.

Enter your zip code at this link to find one near you, then click on the link beneath any of the listed events for further details and to RSVP. And stay tuned for further protests.

 

 

Help elect Barrow Georgia Sec’y of State

Secretary of State — that’s a position we often don’t pay attention to till election time rolls around and we realize we’re stuck with a Republican who has abused the position to disenfranchise minorities and suppress voters’ rights — Georgia, we’re lookin’ at you! Georgia, where Brian Kemp, who “won” (yeah, we do mean cheated and stole) the governor’s race against Stacey Abrams before resigning as Secretary of State (SoS).

Well, it’s time to pay attention! Democrat John Barrow is in a runoff election against Republican State Representative Brad Raffensperger to replace Kemp as the Georgia SoS on December 4, 2018. And even if you don’t live there, you can help ensure that the era of disenfranchisement ends now.

What you can do:

Protect the Farm Bill in Conference

We’ve been writing for some time about the Farm Bill, an immense piece of legislation that – among many, many other things – covers SNAP/CalFresh (aka food stamps). Once again, we need you to contact your members of Congress to protect this crucial benefit that helps one in eight Americans put food on the table.

This past June, H.R. 2, the version of the Farm Bill rammed through by Republicans in the House of Representatives, drastically cut access to SNAP; the Senate passed a version that protected the program; and the bill is now in conference to resolve differences between the two versions. These differences concerning SNAP have been a huge blocker to passing the legislation, which comes up for renewal every five years, but now Democrats have a stronger hand due to winning back the House. It will be hard to pass legislation between the election and next January, when the new Congress takes over (known as a lame duck session), and especially when control is passing from one party to another – but Congress seems determined to pass the Farm Bill, and they’re feeling heat to get it done.

Please call your members of Congress and tell them to protect SNAP and oppose any stringent requirements for these benefits. Find more info about SNAP here.

What to say:

My name is ___, my zip code is ___, and I’m a member of Indivisible East Bay. Thank you for your past support of the Supplemental Nutrition Assistance Program (aka SNAP). I’m calling to ask you to protect and strengthen SNAP and vote down any Republican efforts to weaken the program or cut its funding in the Farm Bill.

  • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841
  • Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553
  • Rep. Mark DeSaulnier: (email); (510) 620-1000 • DC: (202) 225-2095
  • Rep. Barbara Lee: (email); (510) 763-0370 • DC: (202) 225-2661
  • Rep. Eric Swalwell: (email); (510) 370-3322 • DC: (202) 225-5065

Don’t Let the Government Destroy Important Environmental Documents

Deadline: November 26, 2018

The Current Occupant’s tradition of lying is by now well-known, but sometimes it’s easier if something just … happens to the truth, especially to documentation of the truth. And so Ryan Zinke, Secretary of the Department of the Interior (at least as of this writing), has sent National Archives & Records Administration (NARA) a massive “Request for Records Disposition Authority” – or in normal language, a request to destroy a huge quantity of records concerning environmental protection.

What kind of records? The request involves documents about oil and gas leases, mining, dams, wells, timber sales, marine conservation, fishing, endangered species, non-endangered species, critical habitats, land acquisition, and lots more. Documents from every agency within the Interior Department, including the Bureau of Land Management, National Park Service, US Fish & Wildlife Service, US Geological Survey, Bureau of Safety and Environmental Enforcement, Bureau of Indian Affairs, and others. Documents going back more than 50 years. Thousands of cubic feet of paper documents. Gigabytes of digital documents.

And there’s more. Besides documents that already exist, the proposed schedule of destruction will also apply to all future documents created in these categories (whether on paper or born digital). In other words: Records supporting environmental concerns could, literally, vanish in favor of the administration’s industry supporters and financers.

More details about the NARA procedure in general and this request in specific in this excellent resource.

What You Can Do

(1) Contact your Members of Congress:

  • Sen. Dianne Feinstein: (email); (415) 393-0707 • DC: (202) 224-3841
  • Sen. Kamala Harris: (email); (415) 355-9041 • DC: (202) 224-3553
  • Rep. Mark DeSaulnier: (email); (510) 620-1000 • DC: (202) 225-2095
  • Rep. Barbara Lee: (email); (510) 763-0370 • DC: (202) 225-2661
  • Rep. Eric Swalwell: (email); (510) 370-3322 • DC: (202) 225-5065

Sample Script:

My name is _______, my zip code is ______, and I’m a member of Indivisible East Bay. Interior Secretary Ryan Zinke has asked the National Archives for a massive destruction of records that normally are kept for historical purposes. This is an unusual and troubling request. I am asking you to investigate this request and to stop the destruction of important and valuable records. The National Archives ID number is DAA-0048-2015-0003.

(2) Email to request.schedule@nara.gov with a Public Comment. Deadline: November 26, 2018.

Sample Script:

My name is _______, my zip code is ______, and I’m a member of Indivisible East Bay. I am writing about action DAA-0048-2015-0003. I am against this massive destruction of records. This content would normally be kept and preserved by the U.S. Dept of Interior. I am asking National Archives to deny Secretary Zinke’s request so that these records are kept as they should be.

[Sign with your name, other contact info you wish to give out.]

 

Rapid response protests called for 11/8 at 5 PM

BREAKING: PROTESTS CALLED FOR THURSDAY, NOVEMBER 8, 5 PM LOCAL TIME, by the Nobody Is Above the Law network

Donald Trump has installed a crony to oversee the Special Counsel Trump-Russia investigation, crossing a red line set to protect the investigation. By replacing Rod Rosenstein with just-named Acting Attorney General Matt Whitaker as special counsel Robert Mueller’s boss on the investigation, Trump has undercut the independence of the investigation. Whitaker has publicly outlined strategies to stifle the investigation and cannot be allowed to remain in charge of it.

The Nobody Is Above the Law network and its coalition of partners has demanded that Whitaker immediately commit not to assume supervision of the investigation, and its hundreds of response events are being launched to demonstrate the public demand for action to correct this injustice. The NIAL demands are:

  • Acting Attorney General Matt Whitaker has a profound conflict and must be removed from overseeing the Mueller investigation.
  • Congress must exercise its Constitutional authority to hold the President accountable and pass legislation to protect the Mueller investigation.
  • Any future Attorney General appointed by Trump must issue a public order giving Mueller full independence to complete the investigation without political interference.

What to do NOW:

 

Some ways to prepare:

  • Read the ACLU’s article Know Your Rights: Free Speech, Protests & Demonstrations
  • Download the ACLU’s Mobile Justice app to record police activity and send it immediately to the ACLU affiliate nearest you. Get the California app, MobileJusticeCA
  • Put the National Lawyers Guild hotline numbers into your phone, and write them on your arm in ink:
    • to call from local jails ONLY: 415-285-1011
    • outside of jail calls, call NLG hotline volunteers: 415-909-4NLG (4654)
    • if no answer, send an email to the NLG Demonstrations Committee at nlgsfhotline@protonmail.com
  • Get your go-bag together:
    • charged cell phone and portable power if you have
    • water bottle and energy bars or other portable food
    • medications you may need
    • layers of clothing to add if it gets cold
    • a sign with your message

Note, these are the “red lines” previously issued by MoveOn, Indivisible, and many other groups:

    • If Trump fires Mueller or Rosenstein
    • If Trump pardons key witnesses
    • If Trump takes another action that prevents the investigation from being conducted freely, such as replacing Deputy Attorney General Rod Rosenstein, Mueller’s current supervisor or repealing the regulations establishing the office
    • Additional red line added on Sept. 24: The Mueller investigation releases findings showing significant wrongdoing by Donald Trump. Or Congress or the administration blocks the public from seeing Mueller’s findings.

 

It’s red or blue, not pink or blue

Deadline: Right Now! – His comments about grabbing women by the “private parts” inspired an airplane passenger to grope his unknown seatmate on October 21, 2018. Now, according to a Dept. of Health and Human Services memo obtained by the New York Times,* the Current Occupant is considering creating a rule to determine “a person’s status as male or female based on immutable biological traits identifiable by or before birth,” as dictated by genitalia, original birth certificates, and genetic testing. In other words, everyone’s either male or female, registered according to what’s in their diaper, and how they’re registered is how they stay – and, no doubt, how their rights are determined. Banning trans folks from the armed services? We’re talking about banning them from legal existence. Non-binary? Nonexistent. Erasure.

What you can do: Be out about this. Which here means, whoever you are and however you identify – straight, LGBT, queer, cis, non-binary, whoever and however – talk about this. For some among us, this is a fight for existence, and it’s going to depend on visibility, acceptance into society, and normalization. So talk about this. Talk on social media and in your daily life. Talk with friends. Talk with like-minded people – this may not be on their radars, and it needs to be. Do you know people of faith? Ask them to talk to their fellow-congregants and even to preach about it. Here’s an amazing statement from a Lutheran minister; here’s a beautiful prayer from the Bay Area’s own Rabbi Reuben Zellman. Do you know scientists? Ask them to talk and write about it – science is on our side and people, we have to listen to the science.

What else you can do:

  • Use the hashtag #WontBeErased when you talk about this subject.
  • Are you on facebook? Want to add a #WontBeErased frame from the National Center for Transgender Equality to your profile photo, or a facebook cover photo? You can get them here.
  • The National Center for Transgender Equality #WontBeErased page also has a printable signs, message tips and more, if you want to hold an event.
  • Read Hell No to the Memo, published by Out Magazine, for a list of more action items

And stay tuned – if this rule is proposed, we’ll be asking you to comment on it!

Graphic copyright National Center for Transgender Equality

* Because the New York Times is behind a paywall, we usually use alternative sources. However, when, as here, the Times’ investigative journalism is the source of a story and they are the sole source for a document, we think it’s important to provide a direct link.

 

ISO Happy Ending: Comment by 10/31 on Emissions Standards for Power Plants

Once upon a time, there was an administration that protected its people from dangerous modern fire-breathing dragons. Then in August 2018, the big bad wolf-ogre-gremlin-current administration announced plans to undo Obama rules limiting harmful emissions from fossil fuel power plants. The plot: to repeal the Obama-era Clean Power Plan, and put in its place a wicked changeling, a watered down alternative dubbed the Affordable Clean Energy rule.

But as in all good stories, there’s time for a dramatic rescue! The law requires that the public can comment on this proposed change until Oct 31, 2018.

How to comment

The Environmental Protection Agency (EPA) will accept comment on the proposed Affordable Clean Energy rule through October 31, 2018.  Comments should be identified by Docket ID No. EPA-HQ-OAR-2017-0355 and may be submitted by one of the following methods.

Some things you can say in your comments:

  • The bottom line: oppose repealing the Clean Power Plan (CPP) and replacing it with the Affordable Clean Energy (ACE) rule, because it’s imperative to reduce fossil fuel emissions and the ACE is much weaker than the CPP.
  • EPA evidence in the record shows the CPP would prevent 3,600 premature deaths, 90,000 asthma attacks in children, and 1,700 heart attacks each year
  • The EPA’s own calculations show that the proposed ACE would result in an additional 1,400 deaths and 48,000 new asthma attacks yearly compared to the CPP
  • Under the CPP the federal government sets emission targets for states, but the ACE allows states to set the targets themselves, which promotes a “race to the bottom”
  • The goal of the CPP (backed by evidence in EPA’s regulatory record) was to cut greenhouse gas emissions by 32% by 2030, compared to 2005 levels. The EPA’s own calculations indicate the proposed ACE would only reduce emissions by somewhere between 0.7 and 1.5%
  • EPA’s proposed ACE uses deceptive accounting gimmicks to artificially inflate the costs of reducing greenhouse gas emissions and to minimize the health benefits of the original CPP. This means its cost-benefit analysis is flawed and unreliable
  • The Regulatory Impact Analysis shows that under every illustrative scenario EPA analyzed, the ACE would result in more CO2, SO2, and NOx than the CPP
  • The EPA’s analysis radically under-counts the deaths, illnesses, and climate damages from power plants’ soot, smog, and carbon pollution. This is contrary to sound science and economics
  • The ACE proposal drastically undercounts the real costs of climate pollution for all Americans by ignoring global impacts. Climate pollution has worldwide impacts, but the proposal counts only those impacts that are expected to occur within U.S. borders.
  • The EPA’s own estimates show that, compared to the Clean Power Plan, the ACE plan would impose up to $10.8 billion in annual net costs on Americans in 2030, when accounting for compliance costs and the loss of the CPP’s benefits for climate and public health. By contrast, the CPP was designed to save consumers hard-earned money on electric bills
  • We cannot afford further delay in confronting the threat of climate change by repealing the CPP and replacing it with the much weaker ACE. Even the current administration’s reports contain overwhelming evidence that we need to cut fossil fuel emissions, including:
    • The 11/17 Climate Science Special Report – the combined work of 13 federal agencies including the EPA – which contains overwhelming evidence that human-generated carbon emissions are the dominant cause of global warming with all of its effects on the U.S. and the world, including floods, heat waves, rising sea levels, hurricanes and storms
    • The 8/18 Environmental Impact Statement (EIS) by the National Highway Traffic Safety Administration (NHTSA) about federal fuel-efficiency standards for cars and light trucks showing that with our present rate of greenhouse gas emissions, the planet is expected to experience a disastrous warming of 7 degrees Fahrenheit by the end of this century

More info:

The Clean Power Plan (CPP) was adopted by the Obama Administration in 2015.  Under the Clean Air Act, the Environmental Protection Agency (EPA) is legally obligated to regulate carbon dioxide from major sources in the United States. That’s why, in 2015, the EPA released its first standard aimed at cutting carbon emissions from power plants, known as the “Clean Power Plan.” The power sector is second only to the transportation sector as a source of emissions in the US.

The CPP aimed to cut emissions from the electricity sector by an estimated 32% below 2005 levels by 2030—a modest but important first step.  Cost-benefit analysis consistently showed a net economic gain from the CPP. It was adopted after a robust, years-long regulatory process in which the EPA held numerous hearings and received millions of comments.

The Trump Administration was hostile to the CPP from the beginning and solicitous of the coal industry and fossil fuel sectors generally. Trump directed the EPA to begin the process of repealing the CPP and replacing it with what EPA dubbed the “Affordable Clean Energy” (ACE) rule. That regulatory process is now pending and, as required by federal law, EPA is now accepting public comments on this proposed repeal and replace. The deadline for commenting on the proposed ACE is October 31, 2018.