Skip to content

Risch, Crapo Support Challenge to EPA Power Plant Rule

34 Senators, 171 Members of Congress Submit Amicus Brief on Behalf of Challenge Filed by States, Associations and Unions

February 23, 2016

Washington, D.C. – Idaho Senators Mike Crapo and Jim Risch today joined 34 of their Senate colleagues in filing an amicus brief with the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in support of a challenge being brought by against the Environmental Protection Agency’s (EPA) “Clean Power Plant” Rule.
The State of West Virginia is leading 27 other states along with 24 national trade associations, 37 rural electric cooperatives and three labor unions representing more than 900,000 members in challenging the implementation of this rule, asserting that EPA does not have the authority under the Clean Air Act to impose new, more restrictive standards on power plant emissions.  In advancing this rule, the State of West Virginia and others argue that EPA has usurped the legislative role of Congress by placing this new regulatory mandate on states – a role that should be left to Congress.
In the brief, Sens. Crapo and Risch, along with their colleagues, state:
“The Final Rule goes well beyond the clear statutory directive by, among other things, requiring States to submit, for approval, state or regional energy plans to meet EPA’s predetermined CO2 mandates for their electricity sector. In reality, if Congress desired to give EPA sweeping authority to transform the nation’s electricity sector, Congress would have provided for that unprecedented power in detailed legislation. Indeed, when an agency seeks to make “decisions of vast ‘economic and political significance’” under a “long-extant statute,” it must point to a “clear” statement from Congress….EPA can point to no statement of congressional authorization for the Final Rule’s central features, precisely because there is none.”
A copy of the brief is attached and may be read here online.
# # #