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ST. LOUIS RECORD

Saturday, April 27, 2024

Missouri joins lawsuit against EPA over emissions standards

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Attorney General Andrew Bailey | Attorney General Andrew Bailey Official Website

JEFFERSON CITY — Missouri recently joined a coalition of 25 states suing the Environmental Protection Agency claiming the agency exceeded its authority by requiring state emissions compliance plans. 

The coalition alleges the EPA is placing "burdensome" emissions standards on states while bypassing congressional authorization. Specifically, the coalition claims the EPA is overstepping its authority under the Clean Air Act in its final rule,  “Adoption and Submittal of State Plans for Designated Facilities: Implementing Regulations Under Clean Air Act Section 111(d),” The rule requires states to submit to the EPA, plans for performance standards for energy sources in a shorter time frame and deadline. 

Missouri Attorney General Andrew Bailey said the EPA's rules will increase Missourians' energy costs while compromising individuals' private lives. 

"Our federal Constitution does not recognize a fourth branch of government that can create rules and interfere with Americans' private lives," Bailey said in a statement. "Joe Biden's unconstitutional attempt to legislate through the EPA would force Missourians' energy costs to increase exponentially." 

"As Attorney General, I will always fight to ensure Joe Biden's federal agencies respect the Constitution by ensuring federal bureaucrats cannot enact rules without express congressional authority," Bailey said in a press release. "My office will continue to stand in the gap to protect Missourians against the federal government's unconstitutional overreach." 

According to the release from the Attorney General's Bailey's office, the EPA is forcing states to submit emissions compliance plans "under impossible conditions."  Bailey is asking the court to declare the EPA's compliance plans rule unconstitutional and claims the EPA action is "an abuse of discretion, and not in accordance with the law," according to the release. 

Bailey's office also touted the Attorney General's success in a similar lawsuit he filed against the EPA and won a stay in the Eighth Circuit.  The Attorney General's Office called the suit Bailey's response to the EPA's "unlawful attempt to impose burdensome ozone regulations" on Missouri residents. 

Missouri joins the coalition with Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming as well as the Arizona Legislature and the Texas Commission on Environmental Quality. 


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