Attorney General Miyares Joins Suit Against New EPA Power Plant Regulations

RICHMOND, Va. – Attorney General Jason Miyares joined a 25-state coalition in a 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.

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 rebuke in West Virginia v. EPA, which cautioned the agency about using narrow regulatory provisions to force coal-fired power plants out of operation.

“By overstepping its bounds, the EPA is not only disregarding the Supreme Court's clear guidance but is also threatening the stability of our nation's energy supply and infringing upon the sovereign rights of states to manage their energy resources," said Attorney General Miyares. “We are urging the Court to recognize the EPA’s illegal power-grab and ensure that any changes to our nation's energy policies are made through the proper legislative process, not through unilateral regulatory mandates.”

Without explicit statutory authorization from Congress, the EPA cannot legally assert extensive regulatory control over the electricity grids. This would radically transform the nation’s energy security, forcing states to shift their energy portfolios away from fossil fuel-fired sources.

In addition to Virginia, the following states signed the petition: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia.

Read a copy of the petition here.

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