Red states asked the Supreme Court on Tuesday to block a federal rule from the Environmental Protection Agency from taking effect, saying the regulation will put power plants out of business.
In a filing Tuesday to the justices, West Virginia and two dozen other states asked the high court to issue an emergency injunction against a rule policing carbon emissions.
“The Court should once more act to ensure a critical industry is not irreparably damaged by an unlawful regulatory campaign that’s likely to be set aside,” their court document read.
At issue is the EPA’s rule regarding performance standards for emissions of greenhouse gases and fossil fuel-fired units.
Joining West Virginia in the request are Alabama, Alaska, Arkansas, 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.
“Our position remains the same: this rule strips the states of important discretion while using technologies that don’t work in the real world,” said West Virginia Attorney General Patrick Morrisey. “Adding injury to unlawfulness, the Biden administration packaged this rule with several other rules aimed at destroying traditional energy providers.”
The states’ request comes after the D.C. Circuit Court of Appeals refused Friday to halt the EPA’s plan.
The D.C. Circuit reasoned that there was no rush in halting the fed’s rule regarding emission standards since compliance deadlines aren’t due until 2030.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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