A coalition of 23 states and the National Rural Electric Cooperative Association on Thursday filed separate lawsuits in the U.S. Court of Appeals for the D.C. Circuit, petitioning for review of power plant rules finalized by the Environmental Protection Agency in April.
The state petition was led by North Dakota and West Virginia, both of which have large coal industries.
“The Biden Administration pushes a green political agenda with no purpose other than to attack fossil fuels. Make no mistake, this rule intentionally sets impossible standards to destroy the coal industry,” North Dakota Attorney General Drew Wrigley said in a statement. “Federal agencies cannot decide on a whim to destroy entire industries.”
NRECA, which represents almost 900 not-for-profit rural electric cooperatives and public power districts, said EPA’s rule undermines the foundation of the American economy.
“EPA’s power plant rule is unlawful, unreasonable and unachievable. It exceeds EPA’s authority and poses an immediate threat to the American electric grid,” NRECA CEO Jim Matheson said in a statement.
EPA’s rule would require certain baseload coal and gas plants to limit emissions beginning in 2032, meeting a carbon dioxide emission standard equal to installing carbon capture and sequestration technology and running it at 90% efficiency.
EPA did not immediately respond to a request for comment about the lawsuits.
Utilities have warned that CCS technology is “not yet ready for full-scale, economy-wide deployment,” however.
“Under the rule, EPA illegally attempts to transform the US energy economy by forcing a shift in electricity generation to the agency’s favored sources,” Matheson said. The rule will result in the “premature closure of power plants that are critical to keeping the lights on,” he added.
The Edison Electric Institute, which represents investor-owned utilities, previously expressed skepticism that CCS technology can be installed in time to meet EPA’s compliance deadlines.
“While CCS and other 24/7 clean energy technologies could be important tools for reducing emissions in the future, EPA’s record does not support a finding that CCS is demonstrated today,” EEI President and CEO Dan Brouillette said, responding to the EPA’s April announcement.
The PJM Inteconnection has also expressed some reservations about the new rules, given “vastly increased demand” it expects as a result of new data centers and the electrification of transportation and heating.
“The EPA has not sufficiently reconciled its compliance dates with the need for generation to meet dramatically increasing load demands on the system,” PJM said in a statement Wednesday.