Overnight Energy: California, 23 other states sue Trump over vehicle emissions rule | Climate strike protests hit cities across globe | Interior watchdog expands scope of FOIA investigation | Dems accuse officials of burying climate reports

by Rebecca Beitsch - 09/20/19 5:39 PM ET

First, let’s set the scene: Climate week came to a head with protests Friday across the globe.

Hundreds of thousands of protesters took to the streets in cities around the world to demand action from governments on climate change.

Video of demonstrations in New York, San Francisco, Berlin and several other cities showed city streets teeming with protesters. Some estimates put the total attendance around the world in the millions.

STATES FIGHT FOR THEIR RIGHTS: A coalition of state attorneys general is suing the Trump administration after it moved earlier in the week to revoke California’s authority to set its own vehicle emissions standards, first granted under former President Obama.

The lawsuit, filed by California’s Attorney General Xavier Becerra (D) along with the leaders of 23 other states; Washington, D.C.; Los Angeles and New York City, argues that the Trump administration unlawfully removed the state’s waiver granted under the Clean Air Act.

{mosads}The suit also alleges that the decision to remove California’s waiver to set its own standards, which are currently adopted by 12 other states, exceeds the National Highway Traffic Safety Administration’s (NHTSA) authority. NHTSA, under the Department of Transportation (DOT), and the Environmental Protection Agency (EPA) jointly drafted the new emissions rule.

Trump first tweeted the decision to remove the Golden State’s waiver on Wednesday when he was visiting the state. DOT and EPA formally announced the decision on Thursday.

“State Plaintiffs respectfully request that the Preemption Regulation be declared unlawful and set aside because it exceeds NHTSA’s authority, contravenes Congressional intent, and is arbitrary and capricious, and because NHTSA has failed to conduct the analysis required under the National Environmental Policy Act,” the suit filed in U.S. District Court for the District of Columbia reads.

Becerra said in a press release Friday that the Trump administration “insists on attacking the authority of California and other states to tackle air pollution and protect public health.”

“The Oval Office is really not a place for on-the-job training. President Trump should have at least read the instruction manual he inherited when he assumed the Presidency, in particular the chapter on respecting the Rule of Law. Mr. President, we’ll see you in court,” he added.

How we got here: California was first granted the right to submit environmental waivers for review in 1968 under the Clean Air Act. For decades, the state has been issued waivers to allowing it to set air pollution standards higher than that of the federal government, due to the state’s unique struggle with air pollution and smog.

The federal government has never before revoked one of its waivers.

Read more about the legal battle here.

TGIF! And welcome to Overnight Energy, The Hill’s roundup of the latest energy and environment news.

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INTERIOR WATCHDOG LOOKING AT FOIA PROCESS: The Department of Interior’s internal watchdog confirmed in letters to two lawmakers that they will review the involvement of the agency’s top officials in crafting the agency’s public records process which allows political appointees to review and potentially withhold documents from release.

“Our ongoing review will holistically examine the expanded [Freedom of Information Act] FOIA process, including the involvement of senior officials,” Interior’s Office of the Inspector General (OIG) wrote in letters reviewed by The Hill that were sent to House Natural Resources Committee Chairman Raúl Grijalva (D-Ariz) and Sen. Ron Wyden (D-Ore.).

Interior’s OIG has already acknowledged probes into several officials, but lawmakers have been eager to expand that scope.

Grijalva requested an investigation earlier this month of Interior’s Supplemental Awareness Review process, citing evidence that it resulted in inappropriate delays and the removal of entire documents from being released, while Wyden had asked for an investigation into Daniel Jorjani, one of the architects of the policy, who Wyden says may have lied to Congress about it.

The internal policy, unearthed in a recent FOIA release, allows Jorjani, Interior’s deputy solicitor, and deputy chief of staff Downey Magallanes five days to review all records requests related to senior staff in the secretary’s office before release.

The supplemental review is in addition to Interior’s Awareness Review process first put forth as early as May 2018. That policy allows any presidentially appointed, Senate-confirmed, non-career senior executive employees the ability to review FOIA requests related to them before they are released publicly.

The news comes as Senate Majority Leader Mitch McConnell (R-Ky.) took a step to advance Jorjani’s nomination to serve as Interior’s solicitor, a vote Wyden has vowed to fight. Jorjani told lawmakers at a May hearing that he wasn’t involved in reviewing FOIA requests, but lawmakers say emails between Interior staff about the FOIA process suggest otherwise.

“If these were normal times, I would be shocked, but these are not normal times and it’s no surprise that yet another Trump Interior nominee — the second in six months — is under investigation before they are on the job. Trump’s Interior is corrupt to its core, starting at the top. Daniel Jorjani is another in a long list of unqualified industry insiders and has no business working in the Interior Department. McConnell cannot ignore these serious allegations. He should cancel the vote,” Wyden said in a statement to The Hill.

Interior pushed back against Wyden’s comments.

“It’s disappointing that Sen. Wyden continues to resort to misguided attacks on one of the most qualified candidates to ever be nominated for the solicitor position at the Department of the Interior. Dan Jorjani is an exemplary leader who has the background and experience necessary to successfully lead the Office of the Solicitor for the Department. We appreciate Senator McConnell’s willingness to bring his nomination to a vote, so the Department can finally have a Senate-confirmed Solicitor in place,” and Interior spokesperson said by email.

The OIG is already reviewing high-level Interior officials for potential ethics violations, and environmental groups have criticized the department for not doing enough to make sure top employees, including Secretary David Bernhardt, a former lobbyist, avoid conflicts of interest.