Kansas Attorney General Derek Schmidt has asked the Environmental Protection Agency to withdraw a proposed new greenhouse gas regulation.
Schmidt, along with 18 other attorneys general, sent a letter to EPA Administrator Gina McCarthy asking her to withdraw the proposed new Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources. These new regulations would apply to new fossil-fuel fired power plants.
In their letter, the attorneys general wrote that the EPA failed to comply with the Congressionally mandated timeline for issuing these regulations and that the EPA’s unlawful delay has caused harm to the states.
“Congress’ mandate that EPA promulgate final … rules within one year of publication of the proposed standards was an intentional requirement that recognizes the unusually immediate impact of the rules on finalization,” Schmidt and the other attorneys general wrote. “EPA’s failure to finalize the … rule within the statutorily required timeframe has imposed substantial harms upon many States. Specifically, States are currently expending considerable time and resources developing implementation plans required by the proposed … rule.”
In 2014, Kansas and several other states submitted extensive comments explaining that the Proposed Rule was unlawful.  In addition, they also noted the EPA’s failure to comply with notice and comment requirements. Now, more than a year later, these comments and concerns have not been addressed as the EPA moves forward with implementation of the Proposed Rule.
A copy of the letter is available at http://1.usa.gov/1IKFK9Y . Also joining the letter were the attorneys general of Alabama, Alaska, Arizona, Arkansas, Georgia, Kentucky, Louisiana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin and Wyoming.