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Indiana Attorney General Todd Rokita filed an opening brief in a federal appeals court, claiming the Biden administration’s Clean Power Plant 2.0 rule is invasive and unlawful.
Back in May, Rokita announced he and other states planned to challenge the rule.
The suit was being co-led by coal-rich West Virginia, where Attorney General Patrick Morrisey was looking to reprise successful battles against earlier power plant regulations.
Morrisey said at the time the Biden administration acted in defiance of a 2022 U.S. Supreme Court ruling that curtailed the Environmental Protection Agency’s ability to impose wide-ranging greenhouse gas mandates that seek to shift power generation away from fossil fuels.
The brief, filed in the U.S. Court of Appeals for the District of Columbia Circuit, includes 25 states as petitioners against the EPA.
Petitioners claim the EPA exceeds its authority by requiring many coal-fired power plants to capture 90% of carbon emissions using expensive and unproven technology, Rokita said in a news release.
He claims the Clean Power Plant 2.0 rule forces a premature closure of the plants, taking away jobs and expanding the federal government’s control over everyday people’s lives.
“There is no justification — none — for surrendering state and local authority to power-hungry unelected bureaucrats in the federal government,” Rokita said. “And we certainly face no dire crisis requiring us to torpedo our state and national economy.”
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