CHEYENNE – Wyoming and 26 other states, industry groups and others presented arguments before the D.C. Circuit Court of Appeals on Tuesday in opposition to the Clean Power Plan. The states argued the proposed rule goes far beyond the Environmental Protection Agency’s (EPA) authority. Wyoming would be particularly impacted as the rule requires the state to reduce its carbon dioxide emissions by 44 percent.
“Federal regulatory agencies continue to push the boundaries of their legal authority. This results in unreasonable and onerous burdens on industry, businesses, individuals, and states,” said Governor Matt Mead. “The Clean Power Plan is just such a situation. I am pleased the Court stopped the implementation of the rule pending a decision in this case.”
Earlier this year, the D.C. Circuit denied a petition from states to halt implementation of the rule while litigation was pending. The petition was then submitted to the U.S. Supreme Court which ultimately granted the stay and stopped implementation of the rule. The petition argued the EPA did not have the proper authority, the Clean Power Plan would take authority away from states to regulate in-state power generation and transmission and the final rule was substantially different from its draft version, a violation of the Administrative Procedure Act.