On Tuesday, the Kentucky Chamber of Commerce joined 166 other state and local business associations from 40 different states in an amicus brief filed in the U.S. Court of Appeals for the D.C. Circuit explaining the devastating economic impact posed by the Environmental Protection Agency’s (EPA) carbon regulations. The lawsuit, which will be considered by a federal appeals court this summer, involves EPA’s “Clean Power Plan” rules, which aim to reconfigure state electricity systems. It is expected to be a landmark case that could shape Kentucky’s energy and economic future.
The coalition’s brief outlines major legal and economic concerns with the rule, arguing that EPA has trampled on the rights of states to determine their own energy mix and implement environmental standards in a manner tailored to their own circumstances.
Protecting Kentucky’s low-cost energy advantage and continued use of its natural resources is of critical importance to the Kentucky Chamber. Several local Kentucky chambers agreed and added their support to the amicus brief filing.
Also this week, more than 200 members of the U.S. Congress led by Senate Majority Leader Mitch McConnell, House Energy and Power Subcommittee Chairman Ed Whitfield and others filed a separate brief arguing the EPA usurped the power of Congress by finalizing a rule that exceeds their authority.
Oral arguments in the case will take place in June. A decision in the case is likely to be issued by the Court of Appeals for the D.C. Circuit later this year. From there, the challenge is expected to make its way to the Supreme Court, which has ordered EPA to halt all implementation and enforcement actions on the rule until it has the opportunity to consider the case.