News Releases

    Rutledge: Court Hears Arguments Challenging the EPA’s Proposed 111(d) Rule


    April 16, 2015

    Occurs same day that the EPA is holding a public hearing in Arkansas to discuss the federal implementation plan for regional haze

    LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today announced that the U.S. Court of Appeals for the District of Columbia heard oral arguments in the federal lawsuit challenging the Environmental Protection Agency’s (EPA) proposed 111(d) rule that seeks to reduce carbon emissions from electric generating units. At the request of Attorney General Rutledge, Arkansas was granted intervention in this case on March 9. These arguments occurred on the same day that the EPA held a public hearing in Arkansas on the federal implementation plan for regional haze. Rutledge released the following statement:

    “Today, the D.C. Circuit has heard that this proposed rule goes beyond the EPA’s authority, granted by Congress in the Clean Air Act, and seeks to impose a national energy policy that will harm the U.S. economy. Requiring states to reduce carbon emission by 30 percent in 15 years would simply put many out of business, leaving Arkansas unable to maintain steady job growth.

    “Also today, the EPA is holding a hearing in Arkansas to receive public comments on a federal plan to address regional haze. This plan, along with the 111(d) rule, could force large numbers of power plants across the U.S. to close, including ones in Arkansas. I hope the EPA will listen to the concerns of the public at this hearing. In the Natural State, we value clean air and clean water, but this type of federal overreach will lead to reduced economic growth – something the people of Arkansas cannot afford.”

    Rutledge sought the motion to intervene on Feb. 13 to join the lawsuit with attorneys general from West Virginia, Alabama, Alaska, Indiana, Kansas, Louisiana, Nebraska, Ohio, Oklahoma, South Dakota, Wyoming and Kentucky. Wisconsin was granted intervention after Arkansas.

    As indicated in the motion, Arkansas is required to meet the sixth most stringent obligation of all the states under the proposed 111(d) rule, yet Arkansas ranks 46th in per capita income. The EPA proposes emissions rate reductions of 41 percent and 44 percent as interim and final requirements. The drastic reductions required under the proposed rule will negatively impact existing industry, future economic development and electric ratepayers in Arkansas.

    Rutledge testified about this proposed EPA rule, as well as other EPA policies at the U.S. House of Representatives Oversight Subcommittee on the Interior in February. Click here for a copy of Rutledge’s opening statement, or a video can be found here.

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