In another attempt to block the Clean Power Plan, 29 states and state agencies are urging the US Supreme Court to stop the carbon emissions rule for power plants from taking effect. The have been joined by 16 trade associations including the US Chamber of Commerce and the National Association of Manufacturers.
Last week the DC Circuit Court rejected the states’ request for a stay of implementation, which would have blocked the Clean Power Plan from taking effect until the Supreme Court ruled on its legality.
The new application for stay, led by West Virginia and Texas, argues that a majority of the Supreme Court would likely side with the states in finding the Power Plan illegal.
“Without Supreme Court intervention, West Virginia and other states will suffer irreparable harm as job creators and state agencies spend untold resources to comply with a rule that is likely to be struck down as illegal,” West Virginia attorney general Patrick Morrisey said in a statement.
The Clean Power Plan requires existing coal-burning power plants to cut carbon emissions by 32 percent by 2030, compared to 2005 levels. Since the EPA published the rule in late October, more than 20 energy companies, other businesses and industry organizations, along with 27 states, have filed lawsuits to overturn it.
The DC Circuit Court will hear oral arguments June 2 on the merits of the states’ case.
They states argue the rule exceeds the EPA’s authority by double regulating coal-fired power plants and forcing states to fundamentally shift their energy portfolios away from coal-fired generation among other reasons.
Those joining West Virginia and Texas seeking a stay from the Supreme Court are Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Jersey, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Wisconsin and Wyoming, along with the Mississippi Department of Environmental Quality, Mississippi Public Service Commission, North Carolina Department of Environmental Quality and Oklahoma Department of Environmental Quality.
The business groups are: the US Chamber of Commerce, National Association of Manufacturers, American Fuel and Petrochemical Manufacturers, National Federation of Independent Business, American Chemistry Council, American Coke and Coal Chemicals Institute, American Foundry Society, American Forest and Paper Association, American Iron and Steel Institute, American Wood Council, Brick Industry Association, Electricity Consumers Resource Council, Lignite Energy Council, National Lime Association, National Oilseed Processors Association, and Portland Cement Association.
Photo Credit: coal power plant via Shutterstock