Rutledge Requests Stay of EPA’s Regional Haze Federal Implementation Plan for Arkansas
February 7, 2017
Says, ‘Without a stay of this unlawful plan, Arkansas, its citizens and our economy could suffer irreparable harm’
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today filed a motion with the U.S. Court of Appeals for the 8th Circuit to stay the Environmental Protection Agency’s (EPA) Federal Implementation Plan for regional haze in Arkansas.
“Without a stay of this unlawful plan, Arkansas, its citizens and our economy could suffer irreparable harm,” said Attorney General Rutledge. “While I have urged the EPA to withdraw the plan completely, and I remain hopeful that once a new administrator is confirmed it will be, I have a duty to protect Arkansans from the agenda of liberal special interest groups that do not have the best interest of our State in mind.”
In November, Rutledge filed litigation against the EPA’s plan after she submitted comments to the EPA in July 2015, and the EPA did not withdraw the plan. In the comment letter, Rutledge wrote, “The proposed Federal Implementation Plan has no basis in law or science and is a prime example of overreaching federal regulation in response to ‘sue and settle’ litigation brought by the Sierra Club. As such, the EPA should withdraw the proposed plan and consult with the State in developing an approvable State Implementation Plan.”
Instead of working with the State, the EPA published its proposed Federal Implementation Plan for Arkansas in April 2015 and solicited feedback. Attorney General Rutledge, the Arkansas Department of Environmental Quality and a number of industries, institutions and facilities impacted by the proposed plan provided comments during this time. Despite the comments urging the EPA to withdraw the plan, the final plan was signed in August.