States sue EPA over carbon rule for new power plants

A coalition of conservative states is again suing to stop President Obama’s carbon dioxide rule for newly built power plants.

The 23-state group filed a lawsuit Friday in the Court of Appeals for the District of Columbia Circuit.

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They’re challenging the Environmental Protection Agency’s (EPA) decision in May to reject their formal requests to reconsider the carbon rule that was made final last year.

The regulation at issue sets specific carbon emissions limits for newly built coal- and gas-fired power plants. It is separate from the Clean Power Plan, a more sweeping and controversial regulation that limits the entire power sector’s emissions and is currently on hold by the Supreme Court.

“Petitioners will show that the final action is in excess of the agency’s statutory authority and otherwise is arbitrary, capricious, an abuse of discretion and not in accordance with law,” the states, led by West Virginia, told the court in their filing.

A similar group of states, along with energy interests and others, previously filed a lawsuit challenging the rule itself.

Last week, the appeals court agreed to delay the briefing schedule in that case so that parties challenging the petitions for reconsideration can file lawsuits and ask to have them combined with that lawsuit.