Utilities sue over EPA power plant rule

Source: By Lesley Clark, E&E News • Posted: Thursday, May 16, 2024

The lawsuit is the latest challenge to the Biden administration’s effort to curb carbon pollution from the power sector.

EPA is finalizing an emergency power plant rule.

Smokestacks at a power plant are shown. Mrs. Gemstone/Flickr

More electric utilities are joining the legal fight against the Biden administration’s new rule to curb climate pollution from power plants.

Calling themselves Electric Generators for a Sensible Transition, a coalition of power companies and a national trade association is asking the U.S. Court of Appeals for the District of Columbia Circuit to strike down EPA’s new rule to limit planet-warming emissions from existing coal- and new gas-fired power plants.

The lawsuit filed Friday comes on the heels of challenges filed in the D.C. Circuit by more than a dozen Republican-led states, a mining trade group and electric cooperatives.

Parties to the latest lawsuit include American Electric Power, one of the nation’s largest utilities with a traditionally outsize dependence on coal, and the American Public Power Association, which represents nonprofit, community-owned electricity providers.