WASHINGTON — U.S. Senator Tommy Tuberville (R-AL) joined U.S. Senator Shelley Moore Capito (R-WV) and 37 congressional colleagues in sending a letter to the Environmental Protection Agency (EPA) Administrator, Michael Regan, requesting the withdrawal of the Clean Power Plan 2.0 proposed rule. The EPA has overstepped its authority granted by Congress under the Clean Air Act, disregarding Congressional intent and a Supreme Court decision under “West Virginia v. EPA”, to issue a burdensome and far-reaching rule affecting our nation’s power sector.
“Joe Biden seems to think he’s above the law,” said Senator Tuberville. “This outrageous proposed rule violates a Supreme Court ruling and goes well beyond what Congress has allowed. It would shut down coal and gas-powered plants and increase energy costs for all Americans. This is the exact opposite of what we need to do right now. We need to unleash American energy production, not strangle it with regulations that have no basis in either law or science.”
The proposed rule would force source transitions and require energy generators to implement carbon capture and sequestration technologies to limit greenhouse gas (GHG) emissions from new and existing fossil fuel powered electric generating units.
Specifically, the rule would require plants to implement a 90% carbon dioxide capture rate by 2030, which is not feasible for coal or gas-powered plants and would eventually force them to close their doors. Additionally, it establishes clean hydrogen as the best system of emission reduction for natural gas plants, which is not based on sound science. In effect, the proposal would damage America’s power sector, increase American energy production costs, decrease energy grid resiliency, and strain America’s electric grid.
Senator Tuberville was joined on the letter by Senators Shelley Moore Capito (R-WV), Roger Wicker (R-MS), Roger Marshall (R-KS), Bill Cassidy (R-LA), Bill Hagerty (R-TN), Steve Daines (R-MT), Kevin Cramer (R-ND), Pete Ricketts (R-NE), John Barrasso (R-WY), Mitch McConnell (R-KY), Thom Tillis (R-NC), Tom Cotton (R-AR), Cynthia Lummis (R-WY), Joni Ernst (R-IA), James Risch (R-ID), Katie Boyd Britt (R-AL), J.D. Vance (R-OH), Mitt Romney (R-UT), Ted Budd (R-NC), Mike Crapo (R-ID), Cindy Hyde-Smith (R-MS), Marsha Blackburn (R-TN), Rick Scott (R-FL), Mike Lee (R-UT), Deb Fischer (R-NE), Lindsey Graham (R-SC), Tim Scott (R-SC), Jerry Moran (R-KS), Dan Sullivan (R-AK), John Hoeven (R-ND), James Lankford (R-OK), John Boozman (R-AR), Mike Braun (R-IN), John Thune (R-ND), Ted Cruz (R-TX), Marco Rubio (R-FL), Todd Young (R-IN), and Markwayne Mullin (R-OK).
A copy of the letter can be found here [1].
BACKGROUND
In June 2022, the Supreme Court ruled against the EPA in the “West Virginia v. EPA” case, solidifying that EPA overstepped its legal authority on a “major question” without direction by Congress. However, in May 2023, the EPA blatantly disregarded this ruling and proposed another rule requiring a generation shift from fossil-fuel power to other types of energy. The proposed rule identifies a “best system of emission reduction” and imposes strict carbon capture and sequestration initiatives that are not feasible or maintainable. It would deteriorate electricity reliability at a time when our energy grid is already struggling to meet demand.
Senator Tommy Tuberville represents Alabama in the United States Senate and is a member of the Senate Armed Services, Agriculture, Veterans’ Affairs, and HELP Committees.