US SUPREME AGREES TO HEAR NORTH DAKOTA ARGUMENT TO REINSTATE THE AFFORDABLE CLEAN ENERGY RULE AND PROTECT NORTH DAKOTA’S ECONOMY

<< All News

October 29, 2021


Media contact: Liz Brocker (701) 328-2213

BISMARCK, ND – Attorney General Wayne Stenehjem announced today that the US Supreme Court has granted the State’s request to hear its challenge seeking to reinstate the Affordable Energy (ACE) Rule and reasonable regulation of the State's power generation sector.

The ACE Rule replaced the Obama Administration’s Clean Power Plan, after the Supreme Court stopped the Clean Power Plan from going into effect in 2016, when North Dakota and other States demonstrated it was illegal and would also have stripped the State of its long-standing role in regulating its energy generation sector.  “The Clean Power Plan would have been bad for all North Dakotans, led to higher energy costs, and would have been particularly devastating for many energy producing communities in North Dakota,” Stenehjem said. 

In 2019, the EPA issued the ACE Rule, which repealed the Clean Power Plan and replaced it with a reasonable framework for controlling and reducing emissions from power plants while also respecting North Dakota’s rights.  Earlier this year, the federal appeals court in Washington DC invalidated the ACE Rule. Stenehjem said “The federal court in Washington got it wrong, so we have to go back to the Supreme Court to preserve the State’s authority to regulate energy and protect the environment and reject command-and-control micro-managing from federal bureaucrats in Washington DC.” 

# # #

Read the Petition for Writ of Certiorari

<< All News