Lawsuits mount against Biden power plant rule

By Niina H. Farah, Lesley Clark | 05/13/2024 01:38 PM EDT

An electric utility and two more states have joined the legal fray over EPA requirements to curb carbon emissions from the power sector.

Emissions rise from smokestacks at the Jeffrey Energy Center coal power plant near Emmett, Kansas.

Emissions rise from smokestacks on a coal-fired power plant in Kansas. Charlie Riedel/AP

The Biden administration’s push to remove carbon pollution from power plants is continuing to rack up legal opposition.

Ohio and Kansas last week were the latest states to sue over the EPA climate rule in the U.S. Court of Appeals for the District of Columbia Circuit. Oklahoma Gas & Electric, which serves nearly 900,000 customers in Arkansas and the Sooner State, has also filed a legal challenge.

The cases are being consolidated with existing D.C. Circuit lawsuits launched by 25 Republican-led states, the National Mining Association and the National Rural Electric Cooperative Association.


EPA’s rule aims to stay in line with limits on the agency’s climate authority laid out by the Supreme Court in 2022 with its landmark West Virginia v. EPA ruling. The justices in that case found EPA did not have congressional authority to establish a sectorwide approach to cutting carbon emissions, like the one the agency had advanced under the Obama-era Clean Power Plan.