Attorney General Kaul, along with 15 other attorneys general, has intervened in State of West Virginia, et al. v. EPA to defend federal regulations governing state plans to limit air pollution from existing power plants. Attorney General Kaul emphasized the importance of the regulations, stating, “The changes that the states challenging these regulations are seeking would weaken efforts to limit air pollution. We must not take a step backward in protecting clean air and combating the climate crisis.”
The litigation, initially brought by West Virginia and other states, aims to invalidate the EPA’s Section 111(d) implementing regulations under the Clean Air Act. These rules dictate how states will implement their plans to comply with clean air standards. The regulations include provisions for engaging with communities impacted by power plants, limiting reliance on “remaining useful life” to avoid pollution controls, and allowing states to set more stringent standards for power plants.
Wisconsin, along with New York, California, and 12 other states, has joined in the intervention to defend the regulations. The states' motion to intervene was filed to ensure transparency and flexibility in the state implementation plan process, ultimately aiming to protect the public from air pollution.
Attorney General Kaul had previously submitted comments to the EPA in support of the regulations. The intervention in the litigation serves as a continuation of efforts to uphold clean air standards and combat the climate crisis.