Court dismisses Oklahoma AG’s lawsuit against EPA over Clean Power Plan

Published 11:20 on July 19, 2015  /  Last updated at 11:22 on July 19, 2015  /  Americas, US  /  No Comments

A federal court in Oklahoma on Friday dismissed a lawsuit filed by the state’s Attorney General Scott Pruitt against the EPA’s Clean Power Plan, calling the suit premature and lacking in jurisdiction.

A federal court in Oklahoma on Friday dismissed a lawsuit filed by the state’s Attorney General Scott Pruitt against the EPA’s Clean Power Plan, calling the suit premature and lacking in jurisdiction.

Pruitt sued the EPA several weeks ago, calling the agency’s proposed plan to curb GHG emissions at new and existing power plants bureaucratic overreach and claiming it would cause irreparable harm to Oklahoma’s electricity grid and economy.

Judge Claire Eagan deemed Pruitt’s claims an exaggeration, adding that the plaintiffs must wait until the EPA finalises its emissions standards, which is expected next month, before they can seek judicial review of the rules.

Oklahoma was also one of the 15 or so states that earlier this year sued to stop the CPP. That case was thrown out of a Washington DC circuit court in April over similar grounds.

In a statement, Pruitt said he disagreed with Friday’s ruling and reiterated his view that the CPP exceeds the EPA’s authority under the country’s Clean Air Act.

The CPP seeks to cut power sector emissions by 30% below 2005 levels by 2030. Under the current proposals, Oklahoma would have to slash its GHGs by some 36% percent between 2012 and 2030.

Oklahoma Governor Mary Fallin in April issued an executive order blocking state officials from designing a plan to comply with the CPP.

A report published last month by the Union of Concerned Scientists showed that more than half of all states are already on track to meet their interim 2020 emissions reduction goals under the EPA’s plan.

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