Colorado has joined a multi-state legal challenge to the Clean Power Plan, issued earlier this month by the Environmental Protection Agency.
Attorney General Cynthia Coffman made the announcement last week, calling the new rule “an unprecedented attempt to expand federal government,” in a press release announcing the decision.
“The rule is an unprecedented attempt to expand the federal government’s regulatory control over the states’ energy economy,” she said. “The EPA appears unwilling to accept limits set by Congress in the Clean Air Act and instead is pushing its agenda forward through regulatory rewrites that overreach its legal authority.”
The Clean Power Plan establishes carbon dioxide emission performance rates for fossil-fuel fired electric utility steam generating units and state-specific goals for emission performance rates, as well as guidelines for the development and implementation of state plans that establish emission standards.
The case will be filed in the United States Court of Appeals in the District of Columbia when the federal government formally publishes the rule in the Federal Register. The federal government has not stated when that publication will occur.
“There are immensely important legal questions at issue regarding the EPA’s sweeping new regulation. The face of Colorado’s economy could be forever changed and that will be reflected in lost jobs, higher utility rates, and an altered energy industry,” Coffman said. “Before untold sums of public and private monies are spent on compliance with the Clean Power Plan, we need to settle the matter of whether it is even legal.”