States line up to challenge upcoming EPA power plant regulations

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Attorneys general in 17 states are threatening to file lawsuits blocking federal rules limiting carbon dioxide emissions by new electric power plants, charging that the Environmental Protection Agency is exceeding its authority.

The brief was sent to EPA administrator Gina McCarthy, whose agency is expected to issue rules September 20 limiting emissions of carbon dioxide and other greenhouse gases by new power plants. Click here to read more about the new source rules.

 

EPA is to issue a separate set of rules by June 2014 governing and limiting emissions from existing power plants. Critics of the regulatory initiatives expect them to effectively bar electric power generation by coal-fired utilities.

The 17 states argue in a letter sent to the Environmental Protection Agency (EPA) that the agency has overplayed the legal authority of state governments in implementing requirements of the Clean Air Act by mandating emissions standards that instead should be set by individual states.

The participating states include Oklahoma, Michigan, Alabama, Alaska, Arizona, Florida, Georgia, Kansas, Kentucky, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota, West Virginia and Wisconsin.

Many of the states involved in the letter are either coal-mining states or are heavily dependent on coal-fired generators for much of their electricity.

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