NEW JERSEY MOVES TO PREEMPT TRUMP — New Jersey Attorney General Matthew Platkin, along with attorneys general from other blue states, is moving to preempt rollbacks of Biden-era environmental regulations. Platkin announced late last week he was moving to intervene in cases where he fears the incoming Trump administration will stop defending against lawsuits aimed at blocking Biden policies, including ones to strengthen the federal lead and copper standard and another allowing California to go above and beyond federal tailpipe emission standards. In one filing, the blue state attorneys general said that “in light of the imminent change in presidential administration, it is unclear whether EPA will continue to vigorously defend” a rule aimed at curbing the amount of brain-damaging lead allowed in drinking water. The legal actions, which are legally similar to the approach his office took to try to shield health care access for some immigrants, are an early indication of Platkin’s approach to Trump. “New Jerseyans don’t want commonsense environmental regulations overturned in favor of industry at the expense of their families,” Platkins said in a statement. Platkin, like Gov. Phil Murphy, have both made comments that suggest they are carefully choosing what fronts to fight Trump on.
In an interview with POLITICO after the election, Platkin said he isn’t waking up every day burning to sue the incoming president. But Platkin said he thinks Trump has a “very aggressive goal to eliminate environmental protections in this country.”
“As the president he has the right to implement the policy agenda that he sees fit for the country,” Platkin said during the interview. “What he does not have the right to do is to violate the laws of this nation, the laws of our state or the rights enshrined in the Constitution. And when he violates the laws of this country or the Constitution of the United States or of New Jersey, we will not hesitate to step in to protect our residents.” — Ry Rivard BURST OF BIDEN ACTIVITY — There was a flurry of last-minute activity by the Biden administration, including: — Awarding the first tranches of funding to the Mid-Atlantic and Heartland hydrogen hubs — the last two hubs to receive their funding from a $7 billion bipartisan infrastructure law program started under President Joe Biden. The Mid-Atlantic hydrogen hub, which is expected to receive a total federal cost share of up to $750 million, plans to develop hydrogen production facilities using established and new electrolyzer technologies. The hydrogen produced by the hub — which spans the Delaware River and includes Pennsylvania, Delaware and New Jersey — would be used in industrial applications, such as power generation and replacement fuel for process heaters, as well as heavy-duty transportation.
— Finalizing the EPA cleanup plan for the 80-120 Lister Ave. portion of the Diamond Alkali Superfund Site in Newark. According to EPA, the plan calls for “continued operation of the existing remedy, with improvements including reinstalling and reactivating a total of seven groundwater wells and pumps, upgrading the current groundwater treatment system, and making any necessary repairs to the existing cap covering contaminated materials.” ICYMI: CAP AND REGRET — Gov. Kathy Hochul is ready to tackle affordability. She’s also asking the climate to please stop changing for a minute, so she can do that. Hochul announced plans last week to delay a key climate initiative — “cap and invest” — that had been in the works for years and was set to get off the ground this year. As a result, the Democratic governor is ensuring environmental advocates will be a thorn in her side for the next year at least — if they weren’t mad at her already. And she may have to worry about some of them pulling back support for her 2026 campaign.
“She’s on very thin ice with anybody who cares about combating climate change and protecting people from high and volatile gas prices,” said John Raskin, president of the Spring Street Climate Fund. He said some climate-focused donors are considering other options for 2026.
Hochul made the climate policy backsies in her Tuesday State of the State proposal when she said she would delay the “cap and invest” program, a cap-and-trade style policy that would charge for emissions. The revenues from increased prices for gas and heating fuels would be invested in clean energy programs.
A portion would be returned to New York residents to cushion the upfront increase in costs for consumers. Modeling by the state and supporters of the program indicate most low- and moderate-income households would ultimately benefit. But critics — including the New York Post — have zeroed in on the upfront increase in expenses. “The Democrats got hurt this past election cycle by not effectively dealing with the gap between perception and reality on the economy and concerns about affordability,” said Lawrence Levy, a suburban politics expert at Hofstra University. “Any policy that even looks like it could add to costs is a political minefield that could undermine broad support for the policy.”
Though Hochul signed off in December on a measure to charge big fossil fuel companies for historic pollution, she also last year opened the door to “rethink” the state’s ambitious renewable goals, which were passed before she took office. The state’s climate law requires 70 percent renewable electricity by 2030, a target Hochul’s officials now say likely won’t be reached on time, and a 40 percent reduction in emissions from 1990 levels by 2030.
Hochul is pointing to her proposed $1 billion investment in climate action this year as proof she’s not backing down. The governor said more information on polluters is needed before implementing the “cap and invest” program. “We’ll get the right information, we’ll get it right, but I’m not letting these projects go unfunded,” she said.
But administration officials assured environmental groups in the weeks before the State of the State that the program would move forward this year — and asked them to begin planning a supportive campaign. Those plans are now in tatters, with the next steps unclear.
“I’m still hopeful that we’re going to find a way to get this back on track,” said Julie Tighe, president of the New York League of Conservation Voters. “We have people in Washington who are going to try and roll environmental protections back and now we need to rise to the occasion.” — Jason Beeferman and Marie J. French HAPPY MONDAY MORNING: Let us know if you have tips, story ideas or life advice. We're always here at mfrench@politico.com and rrivard@politico.com. And if you like this letter, please tell a friend and/or loved one to sign up.
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