FOR IMMEDIATE RELEASE
NEWS ADVISORY
August 11, 2015
For More Information, contact:
Luther Strange
Mike Lewis (334) 353-2199
Alabama Attorney General
Joy Patterson (334) 242-7491
Page 1 of 1
ATTORNEY GENERAL STRANGE JOINS LEGAL CHALLENGE OVER EPA’s
REJECTION OF STATE PLANS CONTROLLING CARBON EMISSIONS DURING
POWER PLANT STARTUPS, SHUTDOWNS
(MONTGOMERY) – Attorney General Luther Strange announced today that Alabama
has joined 16 other states in a legal action against the Environmental Protection Agency
for illegally invalidating the individual air quality protection plans in those states. In
June, the EPA issued a final rule requiring 35 states, including Alabama, to revise their
individual State Implementation Plans governing carbon emissions during power plant
startup, shutdown or malfunction.
“Once again the EPA has resorted to taking a sledgehammer approach in forcing its
politically-driven agenda on states,” said Attorney General Strange. “For decades,
states – including Alabama – have adequately ensured compliance with the carbon
emission standards set for power plant shutdowns and startups during times of
maintenance or repair. Now the EPA is hastily and illegally reversing course in an
attempt to settle a lawsuit with an environmental group.”
While the Clean Air Act assigns the EPA the primary responsibility of identifying air
pollutants that pose a threat to public health and to set national air quality standards, it
also gives the states the primary responsibility to determine how to achieve those
standards. The EPA’s rush to settle the matter has led the agency to adopt an illegal
final rule that is in conflict with the Clean Air Act and imposes on Alabama’s right to
determine the most effective strategy for achieving air quality standards.
Today, Attorney General Strange joined Florida and 15 other states in filing a petition
for review in the United States Court of Appeals for the District of Columbia Circuit
asking the Court to review the EPA’s final rule. Besides the clear violation of states’
rights under the Clean Air Act, the final rule also stands to stall or reverse progress the
plaintiffs have made in improving the quality of the air in their states.
-30-
501 Washington Avenue * Montgomery, AL 36104 * (334) 242-7300
www.ago.alabama.gov 15,
URT
STATES COURT OF
THE
OF CIRC T
STATE OF FLORIDA,
STATE OF
STATE OF
STATE OF ARKANSAS,
STATE OF
STATE GEORGIA,
STATE OF KANSAS,
STATE OF
STATE OF
STATE MISSOURI,
STATE OF OHIO,
STATE OF OKLAHOMA,
STATE OF SOUTH CAROLINA,
STATE SOUTH DAKOTA,
STATE OF WEST VIRGINIA,
Case
OF No.
and
AND
STATES
AND GINA
Air Act, 42
to Section 307(b)(1) the Clean U.S.C.
Rule Procedure the States Florida, Alabama,
and
TTE
APPEAL
UNITED
FOR DISTRICT COLUMBIA
ALABAMA,
ARIZONA,
DELAWARE,
Of
LOUISIANA,
MISSISSIPPI,
Of
Of
COMMONWEALTH KENTUCKY,
Of
NORTH CAROLINA DEPARTMENT
ENVIRONMENT NATURAL
RESOURCES,
Petitioners,
ENVIRONMENTAL
UNITED
AGENCY
PROTECTION
McCARTHY, ADMINISTRATOR,
Respondents.
PETITION FOR REVIEW
of 7607(b)(l),
Pursuant
of
Federal of Appellate
___/
QAAL
CLERK
15-1207
FILEDj15
USCA Case #15-1267 Document #1567239 Filed: 08/11/2015 Page 1 of 9
UNITED
FOA
V.
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13
12,
2
Mississippi, Missouri,
Arkansas, Georgia, Kansas, Louisiana,
Ohio, Oklahoma, South Carolina, South Dakota, West Virginia,
and and Resources
the Court for the United States
final on
(“EPA”)
Update EPA SSM
to Rulemaking;
Calls to
Applicable to
Startup,
Applying to Excess Emissions
Federal at 80 Fed. Reg.
Shutdown Malfunction, in the
Exhibit
33,839 on June 2015, and attached to this as
that the following State’s EPA-
Specifically, EPA
inadequate” with respect to
State Plans are
startup, and and must be revised. See:
Fed. Reg. at 33,962; Arizona 80 Fed. Reg. at 33,971-72; Arkansas
80
Delaware 80 Fed. Reg. at 33,960; 80 Fed.
80 Fed. Reg. at 33,967;
Fed. Reg. at 33,962-63; Kansas $0 Fed. Reg. at
Reg. at 33,962; Georgia – 80
33,969; Fed. Reg. at 33,963; Louisiana 80 Fed. Reg. at 33,967-68;
80
Fed. Reg. at 33,963-64; Missouri 80 Fed. Reg. at 33,969; North
80
Reg. at 3,966-67; Oklahoma
80 Fed. Reg. at 33,964; Ohio 80 Fed.
Dakota
Fed. Reg. at 33,968; South Carolina 80 Fed. Reg. at 33,964; South
$0
Arizona, Delaware,
Commonwealth of
Kentucky, North Carolina Department of Environment Natural
petition review of Environmental Protection
rulemaking titled State Implementation Plans:
Agency’s action
for Restatement and of
Response Petition
findings ofSubstantial Inadequacy, and SIP
Policy SIPs;
During Periods
Amend Provisions
Register
and published
petition
erroneously concluded
approved Implementation “substantially
periods of shutdown malfunction
Alabama
Florida
Kentucky
Mississippi
Carolina
of
USCA Case #15-1267 Document #1567239 Filed: 08/11/2015 Page 2 of 9
‘s
1.
USCA Case #15-1267 Document #1567239 Filed: 08/11/2015 Page 7 of 9
.USCA Case #15-1267 Document #1567239 Filed: 08/11/2015 Page 8 of 9
/s/P.
Clayton Eubanks /s/ Chris Koster
P. Clayton
Eubanks Chris Koster
Deputy General
Solicitor Attorney General of Missouri
Office
of the Attorney General of Supreme Court Building
Oklahoma 207 West High Street
313 N.E. 21st Street Jefferson City, MO 65101
Oklahoma City, OK 73105 (573)75 1-332 1
Tel: (405) 522-8992 Counselfor Petitioner State Missouri
of
Fax:(405) 522-0085
clayton.eubanksoag.ok.gov
Counselfor Petitioner State of
Oklahoma
8I
I
al.
certify this day August, 2015, caused one copy
hereby on
each
for Florida, et to be served on
the foregoing
the following States mail, first class:
by
The Honorable Gina
Office the (1101 A)
Agency
United States Environmental Protection
1200 Avenue, N.W.
Washington, D.C. 20460
The Loretta E.
the United States
Attorney General
Justice
United States
N.W.
950 Avenue,
Washington, D.C. 20530-000
Control
Office General Counsel (2311)
Agency
States Environmental
Avenue, N.W.
1200
Washington, D.C. 20460
SERVICE
CERTIFICATE OF
that of of
Petition Review of Petitioner
of United
McCarthy
Administrator
of Administrator
Pennsylvania
Lynch
Honorable
of
of
Department
Pennsylvania
Correspondence Unit
of
United Protection
Pennsylvania
USCA Case #15-1267 Document #1567239 Filed: 08/11/2015 Page 9 of 9
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