Ohio Attorney General Dave Yost has requested the U.S. Supreme Court to halt a federal rule mandating states and power plants to adhere to what he describes as “unrealistic” and “unlawful” air pollution regulations.
In a court filing, Yost, alongside the attorney general of Kansas, opposes an Environmental Protection Agency (EPA) rule requiring coal-fired power plants to either capture and store 90% of carbon emissions or shut down within eight years.
“The EPA has resorted to ‘take it or leave it’ tactics to force its climate agenda on states and their power industries,” Yost stated. “Protecting the air we breathe shouldn’t cost us our rights.”
The attorneys general argue that the EPA lacks authority under the Clean Air Act to enforce such regulations, referencing a previous court ruling that prevented the agency from compelling power plants to transition from fossil fuels to alternative energy sources.
According to the filing, the EPA is using indirect methods to achieve an unlawful outcome by presenting states and power plants with "impossible choices" that align with its climate agenda while undermining state rights.
The rule offers power plants a choice between investing billions in unproven emissions technology or shutting down. States face either expending substantial resources for compliance with potentially illegal regulations or witnessing federal overreach into their sovereignty.
In July, the U.S. Court of Appeals for the D.C. Circuit permitted the EPA’s rule to take effect amidst ongoing legal challenges. Yost and Kansas Attorney General Kris Kobach are seeking a stay from the U.S. Supreme Court to suspend the rule during litigation.
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