Decision in States' Lawsuit Against EPA Over Carbon Regulations Could Be Imminent

Jun 4, 2015

Credit Arnold Paul, via Wikimedia Commons

  A lawsuit filed by Kentucky and several other states challenging the Environmental Protection Agency’s carbon dioxide regulations could be decided “any day now.”

Chief Deputy Attorney General Sean Riley briefed a legislative committee on the lawsuit Thursday. He says the three judge panel hearing the oral arguments in April seemed to agree with the states on the technical merits of their argument.

“However, they did voice some skepticism about whether the timing of our lawsuit was procedurally proper," Riley said.

Riley says if the judges rule in favor of Kentucky and the other states that filed the lawsuit, it could stop the EPA from finalizing the rule later this summer.

“If, on the other hand, the D.C. Circuit allows the EPA to proceed, this same group of states and perhaps more will be assessing how best to best to proceed and challenge what will then become the final rule," Riley said.

Kentucky is currently working on a state plan to come into compliance with the regulations.