NE Washington News

House Energy and Commerce Committee Chair Cathy McMorris Rodgers, Senate Environment and Public Works Committee Ranking Member Shelley Moore Capito, and Senator Roger Wicker have taken the lead in challenging the Environmental Protection Agency's (EPA) "Good Neighbor" air rule. In a statement, they emphasized their concerns about the rule's impact on the energy sector and states burdened with misguided air regulations.

According to the amicus curiae brief filed by Rodgers, Capito, Wicker, and 26 colleagues, the EPA's rule exceeds its authority under the Clean Air Act and aims to transform the power sector by imposing increased costs on fossil fuel-fired power plants. The brief states, "The Rule is part of the broader joint EPA-White House Strategy that oversteps the Agency’s authority by concurrently developing regulations under three separate environmental statutes."

The so-called "Good Neighbor" rule imposes emissions requirements on various industries in 23 states, with implementation frozen in 12 states by federal courts. Despite ongoing legal challenges, the EPA has proposed expanding the rule to five more states.

Senator Capito has been vocal in her opposition to the rule, introducing a Congressional Review Act (CRA) joint resolution of disapproval alongside Senator Wicker. Representative Michael Burgess also introduced a similar challenge through a CRA joint resolution of disapproval.

Other lawmakers who signed the amicus brief include Senators John Barrasso, Marsha Blackburn, Ted Cruz, and House members like Dan Crenshaw, John Curtis, and Debbie Lesko among others.

In a letter to the Federal Energy Regulatory Commission, Chairs Rodgers, Duncan, and Johnson expressed concerns about the rule's impact on the reliability of the nation's electric grid.

The full text of the brief can be accessed for more details. For inquiries, contact the House Energy and Commerce Committee at (202) 225-3641 or the press office at (202) 226-4972.