Indiana joins lawsuit against EPA proposed air regulations

By Seth Morin, TheStatehouseFile.com

INDIANAPOLIS (Aug. 1, 2014)  – Indiana joined 11 other states Friday in a lawsuit challenging carbon dioxide regulations the U.S. Environmental Protection Agency recently proposed.

The lawsuit says the agency does not have the legal authority to regulate existing sources of air pollution and asks the court to prohibit the agency from finalizing its proposed rule.

“The EPA’s recent action regulating carbon dioxide emissions shows a complete disregard for the rule of law and will harm Indiana ratepayers,” Indiana Gov. Mike Pence said in a statement released today.

He said the state will use every legal means at its disposal to prevent the EPA  from overstepping its authority and costing jobs.

The federal agency announced on June 2 its proposed performance standards for reducing carbon dioxide emissions from existing power plants under the Clean Air Act.

The proposed rule requires each state to reduce its carbon dioxide emissions rate from existing coal-fired power plants to meet state-specific standards starting in 2020, with a final rate for 2030 and beyond.

The rule is expected to achieve a 30 percent reduction in CO2 emissions from the U.S. electric power sector in 2030 relative to 2005 levels.

The proposal would establish a carbon dioxide reduction target of 20 percent – from the 2012 emission rate – for Indiana.

Currently, the Clean Air Act prohibits the agency from regulating emissions from existing sources under Section 111 if that source is already regulated under Section 112. Power plants are already regulated under Section 112, which the lawsuit says means  the agency has no authority to regulate power plants under Section 111.

The suit was filed in the U.S. Court of Appeals for the District of Columbia Circuit.

Seth Morin is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.