On September 9, 2024, Attorney General Todd Rokita and fellow plaintiffs filed an opening brief in federal appeals court challenging a new EPA rule introduced by the Biden-Harris administration. The lawsuit argues that the rule is unlawful and poses significant threats to the reliability of America’s power grid, utility costs for consumers, job security, and the overall economy.
“This extremist rule would prove absolutely devastating to everyday, hardworking Hoosiers,” said Attorney General Rokita. “It would expand the federal government’s control of people’s lives without even helping conserve the natural environment in any meaningful way. Plus it would kill jobs.”
Attorney General Rokita announced in May that he and West Virginia’s attorney general were co-leading a 25-state lawsuit against what they term as "Clean Power Plan 2.0." Other states and industry groups are also contesting the rule.
The EPA regulation targets coal-fired power plants, mandating many to capture 90% of carbon emissions using costly and unproven technology. According to critics like Rokita, this requirement will lead to premature plant closures, resulting in job losses and increased federal oversight over individuals' lives.
The rule's impact extends beyond direct employees at coal-fired plants; it affects adjacent sectors including supply companies, transportation services, logistics firms, and other day-to-day service providers. Higher energy costs across industries could necessitate budget cuts and potentially reduce workforce sizes significantly. Opponents argue that the rule exceeds the agency’s statutory authority while neglecting crucial considerations such as cost implications and grid reliability.
“There is no justification — none — for surrendering state and local authority to power-hungry unelected bureaucrats in the federal government,” stated Attorney General Rokita. “And we certainly face no dire crisis requiring us to torpedo our state and national economy.”
While the Biden administration aims to address climate change through stringent regulations on carbon emissions from power plants, Attorney General Rokita and his allies advocate for maintaining reliable energy sources at affordable prices.
The opening brief has been attached for review.
A headshot of Attorney General Rokita is available for download.
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