Attorney General Formella Joins Multistate Lawsuit Asking Court to Declare EPA’s New Rule on Power Plants Unlawful

Concord, NH - Attorney General John M. Formella announces that he and a coalition of his fellow attorneys general have filed a multistate lawsuit asking the U.S. Court of Appeals for the District of Columbia Circuit to review and declare unlawful the U.S. Environmental Protection Agency's recently-released new rule on existing coal-, natural gas- and oil-fired power plants.

"This rule is a clear overreach by the EPA, one that sidesteps Congress and has serious implications for the reliability of our nation's energy grid. By forcing power plants to capture emissions or shut down, we risk stretching the energy grid to its limits. This could lead to energy shortages, price spikes, and even blackouts, which could pose a significant risk to national security," said Attorney General Formella. "Our nation's energy infrastructure is a critical asset that must be protected. The decision to shift our energy portfolios away from fossil fuel-fired generation should be made by our elected representatives, not by unelected bureaucrats. While we all agree on the importance of clean air and a sustainable future, we need a more balanced and lawful approach to regulating power plants."

The rule would force power plants fueled by coal or natural gas to capture smokestack emissions or shut down. It would regulate those plants under the Clean Air Act by imposing more stringent emissions standards. The rule ignored the U.S. Supreme Court's 2022 decision in West Virginia v. EPA, which warned that EPA should not use a narrow regulatory provision to force coal-fired power plants into retirement en masse.

Congress (still) hasn't given EPA clear statutory authorization to remake the electricity grids. That means the agency cannot sidestep Congress to exercise broad regulatory power that would radically transform the nation's energy grids-and force states to fundamentally shift their energy portfolios away from fossil fuel-fired generation.

For the full Petition for Review, click here.