States warn EPA: Don’t let lawsuits force new regulations

EPABy Julian Hattem | The Hill

A bipartisan group of state attorneys general are warning environmental regulators not to let threats of lawsuits force the release of new rules for carbon emissions from power plants.

Officials from 21 states sent a letter to acting Administrator of the Environmental Protection Agency (EPA) Bob Perciasepe claiming that threats to sue the agency for delaying the rules have “no legal merit” and should be ignored.

“Appropriate process should not be subjugated, and effective policymaking cannot be forced to fruition, by threatening litigation,” the attorneys general write.

The signers fear that threats from 11 states, the District of Columbia and three environmental groups will force the EPA to issue delayed power plant emissions standards, a practice termed “sue and settle.” Republicans and business groups claim that the tactic has allowed environmental organizations to force rushed regulations that are developed as court settlements behind closed doors.

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