A 25-state coalition of Republican attorneys general have filed a lawsuit asking the U.S. Court of Appeals for the District of Columbia Circuit to review and declare unlawful the U.S. Environmental Protection Agency’s recently-released new rule on existing coal-, natural gas- and oil-fired power plants.
The rule would force power plants fueled by coal or natural gas to capture smokestack emissions or shut down, and would regulate power plants under the Clean Air Act by imposing more stringent emissions standards. The rule ignored the U.S. Supreme Court’s 2022 rebuke in West Virginia v. EPA, which cautioned the agency about using narrow regulatory provisions to force coal-fired power plants out of operation.
“By overstepping its bounds, the EPA is not only disregarding the Supreme Court’s clear guidance but is also threatening the stability of our nation’s energy supply and infringing upon the sovereign rights of states to manage their energy resources,” said Virginia Attorney General Jason Miyares. “We are urging the Court to recognize the EPA’s illegal power-grab and ensure that any changes to our nation’s energy policies are made through the proper legislative process, not through unilateral regulatory mandates.”
Without explicit statutory authorization from Congress, the EPA cannot legally assert extensive regulatory control over the electricity grids, according to the coalition. The rule would radically transform the nation’s energy security, forcing states to shift their energy portfolios away from fossil fuel-fired sources.
The following states signed the petition: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia and West Virginia.
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Rebecca Barnabi
