Alabama Attorney General Steve Marshall, along with 20 other state attorneys general, is rolling out strong opposition to the U.S. Environmental Protection Agency’s (EPA) proposed rule targeting coal, natural gas, and oil-fired power plants.
They say the EPA is unlawfully leveraging a specific clause in the Clean Air Act to push potentially dozens of plants into early retirement. The U.S. Supreme Court chastised the EPA for a similar approach in 2022.
“Just as our coalition was successful before the Supreme Court, this letter reminds the EPA that its authority is subject to authorization from Congress,” Marshall said. “As the last line of defense, I will continue to combat these out-of-control agencies who set illegal standards that will lead to devastating economic consequences for our great state.”
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Among the arguments made by the attorneys general are concerns about the EPA exceeding its authority, setting unrealistic standards, violating states’ discretion rights, and jeopardizing grid reliability.
The attorneys general say the EPA’s proposal disregards the Supreme Court’s 2022 ruling.
“For the sake of our residents, businesses, and sovereign interests, we urge EPA to reevaluate the Proposed Rule in keeping with Section 111’s limits and the bounds of reasoned rulemaking,” The letter says. “The Proposed Rule at least abandons the more direct ‘generation-shifting’ mandate that the Court rejected in West Virginia — but it still doubles down on the earlier rule’s goals by setting unrealistic standards.”
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They also said EPA lacks the congressional green light to revamp the nation’s power grids.
“After the decision came down, political leaders noted the need to ‘pass meaningful legislation to address the climate crisis,’” the coalition wrote. “So far at least, Congress hasn’t.
“If finalized, EPA’s impossible proposal will leave coal- and natural-gas plants with no other option but to close.”
The letter is co-signed by attorneys general from Arkansas, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, and West Virginia.
Grayson Everett is a staff writer for Yellowhammer News. You can follow him on Twitter @Grayson270
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