EPA Sued Again Over Clean Power Plan Rule

On Friday twenty-four states, led by West Virginia’s Republican Attorney General, Patrick Morrisey, and Murray Energy Corp. filed two petitions against the Environmental Protection Agency and its Administrator, Regina McCarthy, in the U.S. Court of Appeals for the DC Circuit seeking judicial review and an immediate stop to enforcement of the final rule implementing the Clean Power Plan, also known as Section 111(d) of the Clean Air Act.  The Plan requires states to substantially reduce carbon emissions from power plants running on fossil fuels by 2030.  The overall projection for reduced emissions is 32% over 2005 levels, with states assigned specific goals for reductions to begin by 2022.

Opponents of the Plan claim that the EPA incorrectly interpreted its power to establish carbon emission limits under the Clean Air Act.  They also claim that it will destroy what remains of the U.S. coal industry, put the reliability of the electric grid at risk, and raise consumer power rates.  The EPA disputes these claims and contends that its interpretation is based on a solid legal backing and that the rule will withstand all court challenges.  A smaller coalition of state Attorneys General, as well as New York City and the District of Columbia, plan to intervene in support of the rule and the EPA’s position.  Earlier suits by the same parties were dismissed in August when the Court determined that they were premature until the final rule was published in the Federal Register.  The final rule can be found at 80 Fed. Reg. 64662 click HERE.

For more information, please contact Phillip Hoover.

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