A coalition of 12 states filed a lawsuit against the EPA challenging the agency’s recent proposal to limit carbon emissions from existing power plants. Via the Los Angeles Times, the plaintiffs allege that the EPA’s attempt to regulate power plant emissions under section 11(d) of the Clean Air Act is illegal. The House and Senate wrote a pair of contradictory provisions into the 1990 law — an anomaly that has sparked the current controversy over whether carbon emissions can be based on two different parts of the Clean Air Act.
The states’ lawsuit echoes the fear among many that the new rules would lead to widespread retirements of coal-fired power plants in the U.S. The states joining in the lawsuit are Alabama, Indiana, Kansas, Kentucky, Louisiana, Nebraska, Ohio, Oklahoma, South Dakota, South Carolina, West Virginia and Wyoming.
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