Twenty-One AGs Filed Motion to Intervene Defending EPA’s Rule Limiting GHGs from Power Plants

MAY 20, 2024

New York Attorney General Letitia James led a coalition of 21 attorneys general—along with four cities and the California Air Resources Board—in defending the Environmental Protection Agency’s rule to regulate carbon dioxide emissions from new gas-fired and existing coal-fired power plants. The rule faced several challenges after it was published in May 2024, which were consolidated with West Virginia v. EPA as the lead case. In their motion to intervene, the New York-led coalition argued that their states are already experiencing the effects of climate change and will be further harmed if the rule is vacated. Moreover, the rule “will reduce regulatory and financial burdens on state health and environmental programs and improve the health of our residents and natural resources,” the AGs explained. The coalition requested to intervene as a matter of right, explaining that they have interests that are distinct from EPA’s.