Intervention Granted for the State of Arkansas Against EPA’s Proposed 111(d) Rule
March 9, 2015
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge announced today that the U.S. Court of Appeals for the District of Columbia has granted the State’s motion to intervene in a federal lawsuit against the Environmental Protection Agency’s (EPA) proposed 111(d) rule that seeks to reduce carbon emissions from electric generating units. Rutledge released the following statement:
“As Attorney General, I will seek to protect Arkansans against an overreaching federal government that is attempting to implement heavy-handed regulations that go beyond the scope of the law. As I pointed out in my testimony before the U.S. House of Representatives Oversight Subcommittee on the Interior on February 26, the 111(d) rule from the EPA mandates the standards that Arkansas must achieve, rather than providing guidelines for Arkansas to use in its efforts to reduce carbon pollution. This rule goes beyond the EPA’s authority granted by Congress and seeks to impose a national energy policy that will harm Arkansas’s economy.”
Rutledge sought the motion to intervene on Feb. 13 in order to join the lawsuit with attorneys general from West Virginia, Alabama, Alaska, Indiana, Kansas, Louisiana, Nebraska, Ohio, Oklahoma, South Dakota, Wyoming and Kentucky.
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.
The case is currently pending before the U.S. Court of Appeals.