Kentucky wins federal court case against EPA

(The Center Square) – A federal appeals court has ruled in favor of Kentucky, saying the U.S. Environmental Protection Agency failed to follow established law in reviewing and rejecting the state’s project to comply with Clean Air Act standards.

In the 41-page opinion, a three-judge panel of the Sixth Circuit Court of Appeals ruled that the federal agency unfairly denied Kentucky’s plan to comply with Clean Air’s “good neighbor provision.” Act by taking too long to decide on the state’s proposal. and using different criteria for rejecting the plan than those originally provided to the State.

According to a statement from Kentucky Attorney General Russell Coleman, the Sixth Circuit’s action is the first definitive decision by the federal courts, as several states have filed similar lawsuits against the EPA.

Kentucky submitted its plan in January 2019, saying that based on the given criteria, the state had determined it did not need to further reduce ozone emissions to comply with the Good Neighbor Standard using 2011 modeling, as directed by federal officials. By law, the EPA had until July 2020 to rule, but instead waited until February 2022 to issue its proposed rule opposing the state’s plan, and officials used 2016 modeling as a reason.

After the state objected to the proposed action, the EPA included Kentucky in a blanket rule that also rejected plans from 20 other states.

Had the EPA decision remained in effect, Coleman said it would have resulted in fewer jobs in the state as well as a possible shutdown of power plants that use coal to generate electricity. It also would have forced Kentuckians to pay more for utilities.

The state filed a lawsuit last year, with the EPA saying it should be reviewed by federal judges in the District of Columbia, an argument that circuit judges also rejected.

The justices’ ruling overturns the EPA’s initial ruling and calls for the agency to reconsider Kentucky’s initial proposal using the court’s guidelines.

“Today’s decision is a warning to Washington bureaucrats that the era of imposing a sweeping green agenda on what they consider a ‘flyover’ is officially over,” Coleman said. “Kentucky is fully prepared to be good stewards of our air, land and water, and the EPA must respect our ability to do so. We will continue our efforts to protect Kentucky’s affordable and reliable energy, encourage new growth, and unleash American energy dominance.