Kentucky AG: Court needs to decide if EPA has authority to regulate carbon emissions

CHARLESTON, W.Va. —The attorney general in Kentucky says he’s confident his state, West Virginia and ten other states will prevail with a lawsuit challenging the federal Environmental Protection Agency’s authority to limit carbon emissions from existing coal-fired power plants.

Kentucky AG Jack Conway, left, and West Virginia Attorney General Patrick Morrisey each spoke at Wednesday’s event in Ashland, Kentucky.

Jack Conway said those with the group, as a whole, are asking the U.S. Court of Appeals in the District of Columbia to answer a question.

“Look, can the EPA even do this? And, if they can’t, let’s go ahead and get the injunctive relief to which we’re entitled so the coal markets don’t suffer in the meantime,” he said.

“The harm is happening right now,” said Conway of why such legal relief is being sought long before the proposed regulations for emissions, which the EPA released publicly in June, are finalized next year.

Conway was scheduled to talk more about the litigation–alongside West Virginia Attorney General Patrick Morrisey–on Wednesday afternoon in Ashland, Ky. State officials from Kentucky along with members of the Kentucky Coal Association and the West Virginia Coal Association were also expected to attend.

Their argument is the EPA already regulates carbon dioxide under a different section of the Clean Water Act and so such standards of performance for existing plants, established under Section 111(d) of the Clean Air Act, cannot be applied.

They’ve also contended West Virginia and Kentucky stand to take the hardest hits from the new regulations.

“What Patrick and I are trying to do is say, ‘Listen, this is an industry that’s been very important to central Appalachia. This is an industry that’s very important to eastern Kentucky, very important to West Virginia,'” Conway said on Wednesday’s MetroNews “Talkline.”

“It’s already under enough pressure. Let’s not have this onerous burden and single out a couple of states disproportionately for what really ought to be a shared enterprise here.”

EPA officials have said the goal of the Clean Power Act is to reduce carbon emissions from existing coal-fired power plants by a national average of 30 percent, compared with 2005 levels, before 2030.

If the 645-page draft rule is implemented, states would have different deadlines for meeting individualized emission-reduction targets.

There’s some flexibility. States could meet their specific targets by reducing energy demand through more energy efficiency programs, by utilizing solar, wind energy or natural gas more or by installing pollution-control technology.





More News

News
Governor Justice: no $465 million 'clawback' of federal funds for schools after waiver approval
The problem was based not on any allegations of misspending — but instead over whether school systems fell short on an obligation to maintain financial support for education at levels in line with overall spending.
April 19, 2024 - 6:10 pm
News
Fayette County inmate pleads guilty to killing other inmate
The incident happened in November of 2020 at the Mount Olive Correctional Center.
April 19, 2024 - 5:35 pm
News
Middle school athletes step out of shot put against transgender girl who just won court case
The situation unfolded at the Harrison County Championships for middle schools, just a couple of days after West Virginia transgender athlete won appeals court ruling.
April 19, 2024 - 2:37 pm
News
West Virginia State University holds a day of community service and giving back
The 11th annual WVSU Cares Day was held Friday at 17 sites throughout Kanawha and Putnam counties.
April 19, 2024 - 2:11 pm


Your Comments