A coalition of red states and the National Rural Electric Cooperative Association have asked a federal court to block EPA’s climate rule for existing coal and new natural gas-fired power plants — the opening salvo in what is sure to be a blockbuster legal battle.
The requests come less than a week after the rule was formally published. It could take weeks or months for the U.S. Court of Appeals for the District of Columbia Circuit, which is hearing the cases, to decide whether to issue a short- or long-term stay of the rule. If the request by the challengers is denied, they likely will appeal to the Supreme Court.
In their motions, EPA’s opponents paint the new rule as overreach similar to the Clean Power Plan, which the Supreme Court struck down in 2022 while invoking the “major questions” doctrine.
“EPA is once again trying to transform the power sector by forcing a shift in electricity generation to its favored sources,” the NRECA wrote in its brief. “EPA’s new plan is just as bad” as the Clean Power Plan, the group added, arguing that the required carbon capture levels are unachievable and would require massive expense.
