The Last Hoorah: Democratic AGs File Suits Against Federal Government in Final Week of Trump Administration 

  • A group of 15 Democratic AGs petitioned the U.S. Court of Appeals for the Second Circuit to review the Trump Administration’s final rule entitled “Test Procedure Interim Waiver Process,” which requires the U.S. Department of Energy to automatically grant interim waiver applications and removes a one-year deadline for making a permanent waiver determination for manufacturers seeking to set their own test procedures for compliance with energy efficiency standards. The AGs request that the Court vacate the final rule as unlawful pursuant to the Energy Policy and Conservation Act and the Administrative Procedure Act.
  • A group of 13 Democratic AGs, led by California AG Xavier Becerra, petitioned the U.S. Court of Appeals for the District of Columbia for a review of the Environmental Protection Agency’s final rule entitled “Control of Air Pollution from Airplanes and Airplane Engines: GHG Emission Standards and Test Procedures,” which finalized emissions standards that allegedly lag behind existing technology by more than a decade. The petition asks the court to review the final rule, which the AGs argue is unlawful and should be remanded to the Agency.
  • A group of 9 Democratic AGs, led by Illinois AG Kwame Raoul and Pennsylvania AG Josh Shapiro, sued the U.S. Department of Labor (“DOL”), challenging a DOL final rule that removes the cap on the amount of time a tipped worker may be required to spend on non-tipped, related duties while receiving the tipped sub-minimum wage. The complaint alleges that the final rule is contrary to the Fair Labor Standards Act and violates the Administrative Procedures Act. The complaint seeks declaratory and injunctive relief, vacating and setting aside the challenged provisions in the rule, and attorneys’ fees and costs.