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Oklahoma attorney general, 11 others sue EPA over proposed carbon rules

Oklahoma Attorney General Scott Pruitt has joined attorneys general in 11 other states challenging EPA rules proposed in June to limit carbon dioxide emissions from electric power plants.
by Paul Monies Published: August 5, 2014

Oklahoma Attorney General Scott Pruitt isn’t wasting any time when it comes to challenging proposed rules to cut carbon dioxide emissions from coal-fired electric power plants.

Pruitt joined attorneys general from 11 other states to file a lawsuit against the Environmental Protection Agency on the proposed rules, which were released in early June.

The attorneys general — 11 Republicans and one Democrat — contend the agency doesn’t have the legal authority to issue the proposed rules under Section 111(d) of the Clean Air Act. They said the proposed rules are in conflict with a 2011 settlement the EPA signed with some states after a lawsuit brought by several environmental groups.

“It’s obviously something that needed to be litigated, and it needed to be litigated now to address this tension that exists,” Pruitt said.

Pruitt said the 2011 settlement said the EPA would use another section of the Clean Air Act to regulate emissions from power plants and other stationary sources.

Authority questioned

“I believe the EPA does not possess authority under Section 111(d) to take the action they took (in June),” Pruitt said.

Pruitt said Congress would have to change the Clean Air Act for the EPA to regulate carbon dioxide emissions from power plants in the way the agency proposed.

The EPA wants to cut carbon emissions 30 percent by 2030 under its proposed rules for existing fossil-fired electric plants. States have different goals based on their fuel mix from 2012.

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by Paul Monies
Energy Reporter
Paul Monies is an energy reporter for The Oklahoman. He has worked at newspapers in Texas and Missouri and most recently was a data journalist for USA Today in the Washington D.C. area. Monies also spent nine years as a business reporter and...
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