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North Carolina Department of Environment Quality

NC Department of Environment and Natural Resources
Guest - McCrory administration considers U.S. Supreme Court appeal against federal EPA overreach - Environmentally Speaking

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McCrory administration considers U.S. Supreme Court appeal against federal EPA overreach

The McCrory administration and two dozen states are considering a U.S. Supreme Court appeal to stop the EPA's federal power plan while the legal challenge against it proceeds. A federal appeals court declined on Thursday to stay the EPA from implementing the federal plan as the broader lawsuit moves forward. The court did agree, however, to expedite hearing the case.

“While we would have preferred a legal stay of the EPA’s takeover of the electricity-generating sector, we are pleased that the court ordered this case to be heard on an expedited schedule,” said Secretary Donald R. van der Vaart of the N.C. Department of Environmental Quality. We remain confident that the courts will strike down the federal power plan like so many costly and illegal EPA rules before it. The plan would increase energy costs in North Carolina, and the EPA has never disputed that it would have little or no positive impact on the environment. North Carolina will continue to clean up its power sector while protecting ratepayers, without the federal intrusion imposed by the Obama administration’s federal power plan.”

The court found that states, industry, and labor groups who asked that the rule be put on hold would not be immediately and irreparably harmed by keeping it in place while the legal action proceeds. Having the case against the illegal federal power plan heard on an accelerated schedule is critical to North Carolina’s efforts to prevent a federal takeover that would harm low and middle-income families by needlessly increasing electricity rates.  The McCrory administration will continue to oppose EPA’s constant attempts at overreach as demonstrated by its challenges to the federal power plan and the Waters of the United States rule.

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