Attorney General Todd Rokita, in conjunction with 24 other attorneys general, has initiated action to prevent the implementation of the Biden administration’s “Clean Power Plan 2.0”. This plan is viewed as an imposition on states and their residents, particularly those in Indiana who rely on coal and gas for their heating, cooling, and lighting needs. Attorney General Rokita's office is spearheading a motion to halt this new rule from the U.S. Environmental Protection Agency (EPA), which imposes stringent anti-coal & gas mandates on power plants.
Critics argue that this new rule oversteps the EPA’s statutory authority by essentially necessitating a shift away from coal through setting unattainable standards for coal plants. They cite the U.S. Supreme Court's ruling in West Virginia v. EPA that Congress never endowed the EPA with such statutory power.
“By trying to foist this economy-crushing debacle on Indiana, the Washington elites are proving once again they have nothing but contempt for hardworking Hoosiers,” said Attorney General Rokita. “Rest assured that we’re working nonstop to protect our people from these ruthless schemes and hold these federal bureaucrats accountable to the rule of law.”
The controversial new rule aligns with left-wing climate agendas and poses threats to the reliability of the nation’s power grid while potentially leading to increased utility costs.
In their court motion, the attorneys general underscored that the new rule could effectively force some power plants out of business — an action inconsistent with the U.S. Supreme Court’s 2022 West Virginia v. EPA decision clarifying that Congress did not give the EPA power to “direct existing sources to effectively cease to exist.” Instead, Congress intended to respect individual states' roles in balancing regional economic interests with environmental priorities such as reducing greenhouse gas emissions.
The attorneys general also contend that this rule abandons cooperative federalism as it disregards legal requirements for the federal government to allow states discretion in implementing standards. They argue that the EPA’s new standards are so severe that they eliminate state discretion.
Attorney General Rokita is co-leading this 25-state effort with West Virginia Attorney General Patrick Morrisey. Following the initial lawsuit filed last week, the attorneys general are now seeking a stay of the new rule pending the outcome of the litigation.