Indiana Attorney General Todd Rokita and 24 other attorneys general this week took the next step in working to prevent the Biden administration’s “Clean Power Plan 2.0” from coming into effect.
According to the attorneys general, the rule would “impose a stranglehold on the states and everyday Hoosiers as they cool, heat and light their homes.” AG Rokita’s office is leading a motion to stay this new U.S. Environmental Protection Agency (EPA) rule that places anti-coal and gas mandates on power plants.
The attorneys general says the new rule exceeds the EPA’s statutory authority – effectively requiring a shift away from coal by setting unrealistic standards for coal plants. The U.S. Supreme Court held in West Virginia v. EPA that Congress never gave the EPA such statutory power.
Rokita
“By trying to foist this economy-crushing debacle on Indiana, the Washington elites are proving once again they have nothing but contempt for hardworking Hoosiers,” AG Rokita said. “Rest assured that we’re working nonstop to protect our people from these ruthless schemes and hold these federal bureaucrats accountable to the rule of law.”
In their court motion, the attorneys general note that the new rule effectively forces some power plants out of business – ignoring the U.S. Supreme Court’s 2022 West Virginia v. EPA decision clarifying that Congress did not give the EPA power to “direct existing sources to effectively cease to exist.” Rather, Congress sought to respect the role of individual states in balancing regional economic interests with environmental priorities such as reducing greenhouse gas emissions.
AG Rokita is co-leading the 25-state effort with West Virginia Attorney General Patrick Morrisey. After filing the initial lawsuit last week, the attorneys general are now seeking a stay of the new rule pending the outcome of the litigation.