[co-author: Stephanie Kozol]*
A coalition of Republican attorneys general representing 24 states has sued the Environmental Protection Agency (EPA) to block a new rule issued by the Biden-Harris administration as part of a suite of standards promulgated to reduce pollution from fossil fuel-fired power plants.
The rule mandates that existing coal-fired and new gas-fired power plants reduce their greenhouse gas emissions by 90% by 2032, and is part of a more all-encompassing climate approach targeting the biggest contributors to greenhouse gas pollution in the U.S. The suite of standards—finalized on April 25, of which the rule is a part—are intended to “significantly reduce climate, air, water, and land pollution from the power sector.”
The coalition, led by West Virginia AG Patrick Morrisey, alleges that the rule exceeds the EPA’s authority under the Clean Air Act, and that the administration’s newly promulgated suite of standards is “aimed at destroying traditional energy providers.” On the other hand, supporters of the administration’s efforts argue that emissions reductions are a feasible and positive course of action if power plants install carbon capture and sequestration (CCS) technologies—which capture emissions before they are released into the atmosphere.
Why It Matters
Given the back and forth between new legislation and immediate challenges, businesses and stakeholders in the energy industry need to stay apprised of not just the finalization and promulgation of new legislation, but also the near-instant AG pushback that may invalidate or hamstring such legislation.
Additional articles on state AG offices in the environmental space:
*Senior Government Relations Manager
