Attorneys general from 25 states have filed a federal lawsuit challenging the Environmental Protection Agency’s emissions rule for coal- and gas-fired power plants. They argue that the rule ignores previous court rulings, would lead to plant closures, and exceeds the agency’s authority under federal law.
Led by West Virginia Attorney General Patrick Morrisey and Indiana Attorney General Todd Rokita, the petitioners have asked the U.S. Court of Appeals for D.C. to declare the EPA’s new rule unlawful and vacate it. The rule requires existing coal- and gas-fired plants to either capture smokestack emissions or shut down, marking the first time the federal government has restricted CO2 emissions from existing power plants.
In the lawsuit, the state attorneys general argue that the EPA’s rule is overly broad, an “abuse of discretion,” and not in accordance with the law. They also argue that Congress has not granted the EPA the statutory authority to remake electricity grids, meaning the agency cannot force coal- or gas-fired power plants to shutter.
The petitioners also point to a 2022 Supreme Court decision warning the EPA not to force coal-fired power plants into retirement en masse. They believe that the EPA’s rule defies this decision and continues to push a green new deal agenda onto the people.
The EPA’s final Clean Air Act rule, set to take effect in 2032, requires coal-fired plants and new baseload gas-fired plants operating after 2039 to control 90% of their carbon pollution. Industry groups and Republicans have criticized the rule, claiming it does not provide enough compliance time for power plants to meet demand while reducing pollution.
The states involved in the lawsuit include West Virginia, Indiana, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming. Attorney General Morrisey plans to file a motion to stay the new rule as soon as possible.
