Other LanguagesSEATTLE — Attorney General Bob Ferguson, joined by a coalition of six states, the District of Columbia and the City of New York, wrote to the federal Environmental Protection Agency (EPA) in strong support of final rules established by the Obama administration, which for the first time limit emissions of climate change pollution from existing and new fossil fuel-burning power plants.
The letter states that the coalition members fully anticipate standing with the EPA in defense of the rules if they are challenged in court.
“Fossil-fuel power plants are the single largest source of climate change pollution in our country, and these rules set tough but necessary standards to modernize our energy production and stem dangerous pollution,” Ferguson said. “Protecting the environment is one of my top priorities, and my office is prepared to work with our partners across the nation to defend this important step forward.”
The finalization of the power plant rules this week marks the culmination of a decade-long effort by states to require mandatory cuts in the emissions of climate change pollution from fossil fuel-burning power plants — the largest source of these emissions in the United States. The rules will control these emissions by setting limits on the amount of climate change pollution that can be released from new and existing plants.
The rule for existing plants is expected to eliminate as much climate change pollution as is emitted by 160 million cars a year.
The coalition’s letter emphasizes that the EPA’s power plant rules are “firmly grounded in the law.” The federal Clean Air Act requires the agency to set limits on power plant emissions of climate change pollution. The agency adopted the power plant rules through a multi-year stakeholder process that draws heavily on strategies that states have proven successful in cutting power plant emissions while benefitting their economies.
In signing the letter, Washington was joined by California, Connecticut, Maine, Massachusetts, New York, Oregon, the District of Columbia and the City of New York.
A history of legal action
In 2006, Washington sued the EPA along with a group of 10 other states, the District of Columbia and the City of New York. They argued that the federal Clean Air Act required the EPA to set performance standards for greenhouse gas emissions from power plants.
In 2007, the U.S. Supreme Court ruled in Massachusetts v. EPA that the EPA has legal authority to regulate greenhouse gases as “air pollutants” under the Clean Air Act. The court also ruled that the EPA must determine whether these gases cause or contribute to air pollution that may endanger public health or welfare.
Following Massachusetts v. EPA, the EPA agreed in a settlement with the states and other parties that it would take action to regulate greenhouse gas emissions from power plants.
The EPA subsequently published a proposed rule to limit greenhouse gas emissions from new power plants by establishing performance standards for carbon dioxide emissions.
Ferguson and 12 other state attorneys general sent a letter to the EPA in 2013, urging strong new rules to reduce greenhouse gas emissions.
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The Office of the Attorney General is the chief legal office for the state of Washington with attorneys and staff in 27 divisions across the state providing legal services to roughly 200 state agencies, boards and commissions. Attorney General Bob Ferguson is working hard to protect consumers and seniors against fraud, keep our communities safe, protect our environment and stand up for our veterans. Visit www.atg.wa.gov to learn more.
Contact:
Peter Lavallee, Communications Director, (360) 586-0725; PeterL@atg.wa.gov