12 States To Sue EPA Over Delayed CO2 Rule

A dozen states and cities are jointly threatening to sue the Environmental Protection Agency over its failure to impose carbon emissions standards on power plants.  New York is among the states and environmental groups that reached a late 2010 settlement with EPA in which the agency committed to setting rules for new and existing plants. The 11 other parties signing the notice include the states of Connecticut, Vermont, Oregon, Delaware, Maine, Massachusetts, and the cities of New York and the District of Columbia.

The formal notice of intent to sue delivered Wednesday comes after EPA missed a mid-April deadline to complete already-delayed emissions standards for new power plants.  EPA has not provided a timetable for completing the rule. This 60-day notice is required under the Clean Air Act before an enforcement lawsuit may be filed. 

While the Obama Administration has pledged to combat climate change, the Environmental Protection Agency has now missed the deadline for adopting New Source Performance Standards (NSPS) to limit greenhouse gas emissions from new fossil fuel power plants

In addition to missing the deadline for rules for existing plants, EPA has also not moved ahead with emissions guidelines for existing power plants, which are on a slower track.

Green groups sent a separate notice to EPA this week that similarly threatened litigation to force EPA’s hand.  (The Hill, 4/17/2013)