Big coal states sue EPA over proposed CO2 rules

Big Sandy Plant of Kentucky Power, going to gas

Twelve states — Alabama, Indiana, Kansas, Kentucky, Louisiana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, West Virginia and Wyoming — filed a lawsuit against the Obama administration on Friday seeking to block an Environmental Protection Agency proposal to regulate coal-fired power plants in an effort to stem climate change," Coral Davenport reports for The New York Times. The states "are home to some of the largest producers of coal and consumers of coal-fired electricity."

West Virginia Attorney General Patrick Morrisey said, “This lawsuit represents another effort by our office to invalidate the EPA’s proposed rule that will have devastating effects on West Virginia’s jobs and its economy.” Davenport notes, "On Thursday Alpha Natural Resources notified 1,100 employees that layoffs and reduced operations were possible at 11 West Virginia mines. The company cited numerous reasons for the possible cutbacks, including the new regulation."

"The states’ lawsuit contends that the EPA lacks legal authority in the matter," Davenport writes. "The agency wants to release the final rule under the terms of the Clean Air Act, which requires the federal government to regulate all substances defined as pollutants. The EPA determined in 2009 that carbon dioxide met the definition of a pollutant, a decision that has withstood numerous legal challenges. But the states say that the EPA may not issue separate regulations on power plants using different sections of the Clean Air Act." (Read more)