WASHINGTON, D.C. – Today, U.S. Senator Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Environment and Public Works (EPW) Committee, U.S. Senator Roger Wicker (R-Miss.), and U.S. Rep. Cathy McMorris Rodgers (R-Wash.-05), Chair of the House Energy and Commerce (E&C) Committee, led 44 of their colleagues in filing a bicameral amicus curiae brief in the D.C. Circuit in support of state and industry challengers of the Environmental Protection Agency’s (EPA) so-called “Good Neighbor” air rule that targets American power production and burdens states with misguided air regulations.

 

“Acting well beyond its delegated powers under the [Clean Air Act], EPA’s Rule proposes to remake the energy sector in the affected states toward the Agency’s preferred ends. 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. It does so not to meet any of the statutes’ individual ends but to transform the power sector. The group of regulations – including the Rule – are designed to hurriedly rid the U.S. power sector of fossil ‎fuels by sharply increasing the operating costs for fossil fuel-fired power plant operators, forcing the plants’ premature retirement,” the brief reads in part.

 

BACKGROUND:

 

The so-called “Good Neighbor” rule imposes overreaching emissions requirements on power plants, natural gas pipeline assets, and industrial plants like steel, cement, and paper production facilities in 23 states. Other federal courts have already frozen implementation of the rule in 12 states. Despite active Supreme Court proceedings that may halt implementation of the rule nationwide, the EPA has remained committed to the illegal rule and recently proposed to add five more states to the program.

 

In June 2023, Capito joined Wicker in introducing a formal challenge to the rule through a Congressional Review Act (CRA) joint resolution of disapproval. Rep. Michael Burgess (R-Texas-26) introduced a companion resolution in the House.

 

In June 2022, Ranking Member Capito sent a letter to EPA Administrator Michael Regan outlining serious concerns with the proposed “Good Neighbor Plan.”

Ranking Member Capito has criticized the EPA’s proposed “Good Neighbor Plan” during EPW hearings in March 2023, July 2022, and May 2022, and in an op-ed.

 

In November 2023, Chairs McMorris Rodgers, Duncan, and Johnson sent a letter to the Federal Energy Regulatory Commission expressing concerns with the impact of EPA’s suite of rules, including the “Good Neighbor” Rule on the reliability of the nation’s electric grid.

 

In addition to Capito and Wicker, senators who signed on to brief include, John Barrasso, M.D. (R-Wyo.), Marsha Blackburn (R-Tenn.), John Boozman (R-Ark.), Mike Braun (R-Ind.), John Cornyn (R-Texas), Ted Cruz (R-Texas), Steve Daines (R-Mont.), Deb Fischer (R-Neb.), John Hoeven (R-N.D.), Ron Johnson (R-Wisc.), Cynthia M. Lummis (R-Wyo.), Markwayne Mullin (R-Okla.), Pete Ricketts (R-Neb.), Jim Risch (R-Idaho), Dan Sullivan (R-Alaska), and John Thune (R-S.D.).

 

In addition to McMorris Rodgers, House members who signed on to the brief include, Rick Allen (R-Ga.-12), Kelly Armstrong (R-N.D.-At-Large), Troy Balderson (R-Ohio-12), Gus Bilirakis (R-Fla.-12), Larry Bucshon (R-Ind.-08), Michael Burgess (R-Texas-26), Kat Cammack (R-Fla.-03), Earl “Buddy” Carter (R-Ga.-01), Dan Crenshaw (R-Texas-02), John Curtis (R-Utah-03), Jeff Duncan (R-S.C.-03), Neal Dunn (R-Fla.-02), Russ Fulcher (R-Idaho-01), Morgan Griffith (R-Va.-09), Brett Guthrie (R-Ky.-02), Diana Harshbarger (R-Tenn.-01), Richard Hudson (R-N.C.-09), John James (R-Mich.-10), John Joyce (R-Pa.-13), Robert Latta (R-Ohio-05), Debbie Lesko (R-Ariz.-08), Mariannette Miller-Meeks (R-Iowa-01), Jay Obernolte (R-Calif.-23), Gary Palmer (R-Ala.-06), Greg Pence (R-Ind.-06), August Pfluger (R-Texas-11), Tim Walberg (R-Mich.-05), and Randy Weber (R-Texas-14).

 

Full text of the brief is available here.