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12 states challenge EPA's proposed CO2 rule in court, seeking to undo 2011 settlement

From the August 5, 2014 issue of Public Power Daily

Originally published August 5, 2014

By Jeannine Anderson
Twelve states, led by West Virginia, have filed suit to challenge the Environmental Protection Agency's proposed rule limiting carbon dioxide emissions from existing power plants.

The lawsuit, filed July 31 with the U.S. Court of Appeals for the District of Columbia Clrcuit, asks the court to overturn a 2011 settlement agreement in which the EPA promised to set greenhouse gas limits for power plants. The EPA reached the 2011 settlement agreement with 11 states, the District of Columbia, New York City, and three environmental groups.

The EPA published its proposed rule on CO2 for existing power plants in the June 18 Federal Register and is taking public comments on it until Oct. 16.

The EPA's proposed rule "will have devastating effects on West Virginia's jobs and its economy," said the state's attorney general, Patrick Morrisey. 

The states joining West Virginia in the suit are: Alabama, Indiana, Kansas, Kentucky, Louisiana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, and Wyoming.


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Vice President, Integrated Media and Communications
Meena Dayak

Editorial Director
Robert Varela

Editor, Public Power Daily
Jeannine Anderson

Communications Assistant
Fallon W. Forbush

Manager, Integrated Media 
David L. Blaylock

Integrated Media Editor 
Laura D’Alessandro