Mining group sues over Biden power plant rule

By Niina H. Farah | 05/09/2024 04:25 PM EDT

The National Mining Association’s lawsuit follows challenges by Republican-led states and a trade group for electric cooperatives.

The Marshall Steam Station coal power plant near Mooresville, North Carolina.

The Marshall Steam Station coal power plant operates March 3 near Mooresville, North Carolina. The Biden administration unveiled a rule to cut down on power plant climate-forcing emissions in April. Chris Carlson/AP

The National Mining Association is joining the legal fray over EPA’s new rule to curb climate pollution from the power sector.

On Thursday afternoon, the trade association filed its own lawsuit in the U.S. Court of the Appeals for the District of Columbia Circuit to block the new standards for coal and gas-fired power plants. The filing came several hours after Republican-led states and the National Rural Electric Cooperative Association sued EPA in the same court.

Like the state coalition, the mining association also signaled it intends to ask the D.C. Circuit to freeze the rule.


“This unlawful rule short-circuits the U.S. power grid,” said National Mining Association President and CEO Rich Nolan. “It is completely at odds with today’s power generation demands and future needs, and incompatible with the generation portfolio available to power American homes and businesses for the foreseeable future.”