Edison Electric Institute members plan to sue the Biden administration over its decision to base a marquee climate rule on fossil fuel power plants using carbon capture and storage.
The decision represents a shift for the powerful trade group. EEI did not mount a legal challenge to the Obama-era Clean Power Plan. It even filed an amicus brief warning that if the Supreme Court struck down EPA’s regulatory authority, it could lead to a resurgence of climate tort suits.
Four people granted anonymity to discuss a decision that hasn’t been announced yet said the trade group, which represents investor-owned utilities, reached consensus Thursday on plans to challenge the rule.
In deciding to challenge the newly finalized rule for new gas- and existing coal-fired generation, EEI is taking a more adversarial role than it has in the recent past.
