Attorney General Jason Miyares of Virginia has joined a coalition of 25 states in a lawsuit against the U.S. Environmental Protection Agency's (EPA) new rule on existing power plants fueled by coal, natural gas, and oil. The suit, filed with the U.S. Court of Appeals for the District of Columbia Circuit, seeks to review and declare the rule unlawful.
The new EPA regulation would require these power plants to capture smokestack emissions or face shutdown. It aims to impose stricter emission standards under the Clean Air Act. However, critics argue that this rule disregards the U.S. Supreme Court’s 2022 decision in West Virginia v. EPA, which warned the agency against using narrow regulatory provisions to force coal-fired power plants out of operation.
"By overstepping its bounds, the EPA is not only disregarding the Supreme Court's clear guidance but is also threatening the stability of our nation's energy supply and infringing upon the sovereign rights of states to manage their energy resources," said Attorney General Miyares. He further added, “We are urging the Court to recognize the EPA’s illegal power-grab and ensure that any changes to our nation's energy policies are made through the proper legislative process, not through unilateral regulatory mandates.”
The petitioners argue that without explicit statutory authorization from Congress, the EPA cannot legally assert extensive regulatory control over electricity grids. They warn that such control could drastically alter national energy security by forcing states to shift their energy portfolios away from fossil fuel-fired sources.
Alongside Virginia, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota Tennessee Texas Utah and West Virginia have also signed onto this petition.
A copy of this petition can be accessed here.