Maine officials on Friday asked a state judge to dismiss a lawsuit by environmentalists accusing the state of failing to meet targets to reduce greenhouse gas emissions by not adopting a policy to boost the sales of electric vehicles.
The Department of Environmental Protection is not required by law to adopt a policy expanding electric vehicle use and its “alleged failure or refusal” to adopt the policy is discretionary and not subject to judicial review, the state said in its response to an April 22 lawsuit by the Conservation Law Foundation, Sierra Club and Maine Youth Action.
The lawsuit, filed in Cumberland County Superior Court, also said that the environmental groups’ accusation that the DEP has failed to adopt rules required by Maine’s statute regarding greenhouse gas emission reduction should be dismissed because the groups do not have legal standing to make such a request.
In addition, the state said the DEP has not failed to comply with climate change legislation and that the lawsuit asks the court to to breach Maine’s constitutional separation of powers.
Emily K. Green, senior attorney for the Conservation Law Foundation in Maine, said the state “would be better served by spending its time and resources to implement our climate law, rather than attempting to dismiss our lawsuit before we get a day in court.”
Environmentalists said in their lawsuit that the DEP and Board of Environmental Protection, which provides oversight of the DEP, are responsible for implementing Maine’s Climate Law that requires greenhouse gas emissions to be cut at least 45% from 1990 levels by 2030 and 80% by 2050.
The environmentalists have asked the court to order the board to adopt rules that comply with the state’s climate law, with a priority for transportation on or before Nov. 1. They asked the court to order the agency to adopt EV rules or an alternative rule by the same date. That date is one month before the Dec. 1 deadline for the Maine Climate Council to update the state climate plan.
This story will be updated.
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