ATTORNEY GENERAL DREW WRIGLEY JOINS MULTISTATE PETITION ASKING APPEALS COURT TO DECLARE NEW EPA RULE UNDER CLEAN AIR ACT UNLAWFUL

18 Jan ATTORNEY GENERAL DREW WRIGLEY JOINS MULTISTATE PETITION ASKING APPEALS COURT TO DECLARE NEW EPA RULE UNDER CLEAN AIR ACT UNLAWFUL

January 18, 2024

_{CONTACT: Suzie Weigel, 701.328.2210 snweigel@nd.gov}

Bismarck, ND – Attorney General Drew Wrigley joined a coalition of 25 states in a petition asking the U.S. Court of Appeals for the District of Columbia Circuit to declare the U.S. Environmental Protection Agency’s new rule unlawful.

The new rule pertains to the procedures under which states submit state implementation plans as mandated by Section 111(d) of the Clean Air Act.

“The EPA has no authority to overregulate in this way, and this in just the latest in a string of Biden Administration attacks that are costly, ineffective and illegal.” said Attorney General Drew Wrigley.

Under a section in the Clean Air Act, states must submit their plans for the establishment of implementation of standards of performance for existing emission sources. The new rule gives states less discretion in figuring out how these existing sources can comply with less time to comply.

“Petitioners will show that the final rule exceeds the agency’s statutory authority and otherwise is arbitrary, capricious, an abuse of discretion, and not in accordance with law,” the coalition wrote in the petition filed Tuesday.

Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming joined the West Virginia and Oklahoma led petition – the Arizona Legislature and Texas Commission on Environmental Quality also joined the petition.

###