Republican Attorneys General Sue to Halt EPA’s Carbon Rule

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On Thursday, a coalition of 25 Republican state attorneys general filed a lawsuit against the U.S. Environmental Protection Agency (EPA) in the U.S. Court of Appeals for the District of Columbia Circuit. Spearheaded by West Virginia and Indiana, the lawsuit aims to block a significant rule recently finalized by President Joe Biden’s administration on April 25. The rule is designed to enforce substantial reductions in carbon emissions from existing coal-fired power plants and new natural gas plants as part of efforts to combat climate change.

The rule mandates that many new gas and existing coal plants must achieve a 90% reduction in greenhouse gas emissions by 2032. Compliance with these requirements is expected to necessitate the installation of costly emissions control technologies or the closure of the most environmentally damaging coal-fired facilities. This initiative is a key component of Biden’s broader climate agenda, targeting a sector responsible for nearly a quarter of the nation’s greenhouse gas emissions.

This legal action follows a separate challenge by 23 Republican attorneys general from states such as West Virginia, North Dakota, and Texas against another EPA rule. This rule limits the emissions of mercury and other hazardous pollutants from power plants. The EPA has refrained from commenting on the lawsuit.

West Virginia Attorney General Patrick Morrisey criticized the regulations, arguing that they rely on emissions reduction technologies that have not been widely implemented in practice. He asserted that the rules exceed the EPA’s authority under the Clean Air Act and would drastically transform the nation’s energy grid without explicit congressional approval. Morrisey contended that the regulations could lead to the closure of power plants, thereby affecting the reliability of the nation’s energy infrastructure.