23 States Launch Legal Challenges to Obama's Carbon Rules
Twenty-three states said they filed a petition with a U.S. appeals court on Friday to block the Obama administration's proposal to curb carbon dioxide emissions from power plants, the centerpiece of its high-profile climate change strategy.
West Virginia, Texas, Florida and Ohio were among the states challenging the Environmental Protection Agency's Clean Power Plan, saying it pushed the limits of the federal Clean Air Act.
"EPA claims to have sweeping power to enact such regulations based on a rarely-used provision of the Clean Air Act but such legal authority simply does not exist," West Virginia Attorney General Patrick Morrisey said.
The states filed a petition for review and motions to stay, or block, the rule in the U.S. Court of Appeals for the District of Columbia Circuit, arguing such curbs will have "devastating impacts" on their economies.
It is rare for the D.C. circuit court to grant stay requests.
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It is time for the states to roll back the power of the federal regime. Hopefully the courts will agree and support the constitution over the executive branch.