West Virginia Attorney General Patrick Morrisey, is leading 24 other states in filing a lawsuit against the Environmental Protection Agency over its new regulations for power plants.
The new rules, finalized by the Biden administration and released last month, would require new natural gas power plants and existing coal-fired power plants to slash nearly all emissions by 2032.
Plants that run more than 40% of the time would have to cut 90% of its emissions by that year. For those that operate at more than 40% capacity, smokestack emissions would need to be captured. Other parts of the rules include cuts in toxic metal emissions and wastewater pollution from coal-fired plants, along with more stringent management of the disposal of coal ash.
“The EPA continues to not fully understand the direction from the Supreme Court — unelected bureaucrats continue their pursuit to legislate rather than rely on elected members of Congress for guidance,” Mr. Morrisey, a Republican, said in a statement Thursday. “This green new deal agenda the Biden administration continues to force onto the people is setting up the plants to fail and therefore shutter, altering the nation’s already stretched grid.”
Those that can’t meet the new rules will be ordered to shut down.
“This rule strips the states of important discretion while using technologies that don’t work in the real world — this administration packaged this rule with several other rules aimed at destroying traditional energy providers,” he said. “We are confident we will once again prevail in court against this rogue agency.”
The nation relies heavily on power plants, with 60% of electricity coming from natural gas and coal.
The EPA’s new rules are part of President Biden’s plan to get the electrical grid to zero emissions by 2035.
The agency said the climate and health benefits of the new rules substantially outweigh the compliance costs and would reduce up to 1,200 premature deaths, 870 hospital and emergency room visits, 360,000 cases of asthma, 48,000 school absences and 57,000 lost workdays by 2035.
“By developing these standards in a clear, transparent, inclusive manner, EPA is cutting pollution while ensuring that power companies can make smart investments and continue to deliver reliable electricity for all Americans,” EPA Administrator Michael S. Regan said.
Besides West Virginia, the states in the lawsuit are Alabama, Arkansas, Alaska, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia and Wyoming.