Twenty-Two AGs Opposed a Motion to Stay EPA’s Rule to Limit Carbon Dioxide from Fossil Fuel-Fired Power Plants

JUNE 11, 2024

New York Attorney General Letitia James led a coalition of 22 attorneys general—along with four cities and the California Air Resources Board—in opposing a motion to stay the Environmental Protection Agency’s rule that sets limits on carbon dioxide emissions from new and existing fossil-fueled power plants. The rule was challenged by a group of states led by West Virginia as well as by several industry groups, who sought for the rule to be stayed. In their opposition, the New York-led coalition argued that, contrary to the petitioners’ claims, the rule will not undermine grid reliability, unreasonably burden state agencies, or force irreversible decisions relating to electricity generation and costs. Instead, the rule “is based on well-demonstrated approaches that enable plants to operate more cleanly, was carefully designed to preserve the reliability of the power grid, and will deliver long overdue CO2 emission reductions needed to address severe harms caused by climate change,” the AGs explained. Moreover, staying the rule would harm the public by “delaying long overdue emission reductions needed to address numerous and worsening climate-related harms, including jeopardizing grid reliability.” The AGs urged the court to deny the motion to stay.