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    Oklahoma fights EPA over carbon pollution

    By Chip Minty,

    24 days ago

    Oklahoma Attorney General Gentner Drummond said he has joined with 24 other states in an appeal against new Environmental Protection Agency (EPA) rules that would force the closure of carbon-fueled power plants across the country.

    The coalition of states has filed a petition for review by the U.S. Court of Appeals for the District of Columbia Circuit, asking judges to declare the new rules unlawful and to vacate a final action that the EPA announced on April 25.

    “Petitioners will show that the final rules exceed the agency’s statutory authority and otherwise is arbitrary, capricious, an abuse of discretion and not in accordance with the law,” according to the court petition filed on Thursday.

    In its announcement two weeks ago, the EPA said the new rules are meant to reduce pollution from fossil fuel-fired power plants to protect communities from pollution and improve public health without disrupting the delivery of electricity. The standards mandate timelines to ensure against electricity delivery disruptions amid the transition to renewable sources.

    “Today, EPA is proud to make good on the Biden-Harris Administration’s vision to tackle climate change and to protect all communities from pollution in our air, water, and in our neighborhoods,”EPA Administrator Michael Regan, said in a statement.“By developing these standards in a clear, transparent, inclusive manner, EPA is cutting pollution while ensuring that power companies can make smart investments and continue to deliver reliable electricity for all Americans.”

    In Oklahoma, the carbon pollution rules could impact the future operation of the state’s gas and coal-fired power plants, officials say.

    In a statement, the Sierra Club praised the rules and the mitigating environmental impact they will have on OG&E’s Sooner power plant in northern Oklahoma and the company’s Muskogee power plant in eastern Oklahoma. The rules will require installation of carbon capture systems if the two plants continue operation beyond the year 2039, the organization said.

    “Many customers are unhappy with OG&E’s dirty, expensive Sooner and Muskogee coal plants polluting Oklahoma air,” said Lew Goidell, a Norman resident,retired environmental scientist,and member of the Red Earth Group of the Sierra Club. “Here in Norman, the utility’s franchise agreement has failed to win voter approval twice because they will not commit toreducing reliance on fossil fuelsand performing needed infrastructure improvements,”

    OGE spokesman Arron Cooper said the company is still evaluating how the new rules may impact the company in the future.

    “OG&E is firmly committed to providing our customers with reliable and affordable electricity, ensuring we can serve our growing communities,” he said.

    In a statement released last summer, Drummond said the proposal is an illegal attempt to regulate power plants under the Clean Air Act by imposing more stringent emissions standards. The EPA’s climate action ignores last year’s U.S. Supreme Court rebuke, warning the agency not to use narrow regulatory provisions to force coal-fired power plants to close en masse.

    “In a flagrant dismissal of the Supreme Court’s ruling inWest Virginia v. EPA, the EPA is clearly stacking the deck here to force the closure of power plants,” Drummond said. “These rules, if allowed to stand, would cut jobs, and raise energy costs for American families and businesses. The never-ending federal overreach of the Biden administration knows no bounds, particularly when it comes to America’s energy production.”

    In an Aug. 8 letter, the coalition of 25 states told EPA administrator Regan that Congress still hasn’t given the EPA clear statutory authorization to remake the electricity grids.

    “As a result, the agency cannot sidestep Congress to exercise broad regulatory power that would radically transform the nation’s energy grids and force states to fundamentally shift their energy portfolios away from fossil fuel-fired generation.”

    Other states participating in the request for review petition include West Virginia, Indiana, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming.

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