Americans for Tax Reform applauds the actions of the 171 U.S. Representatives and 34 Senators that have authored an Amicus Brief urging the D.C. Circuit Court of Appeals to strike down the President’s overreaching Clean Power Plan, also known as the carbon rule.
The action of these 200 federal lawmakers is a strong show of support for states and industry groups that have filed legal challenges against the President’s carbon rule. The legal basis of the rule has been questioned by 27 states that are leading lawsuits against the EPA, claiming direct and imminent harm from the rule.
Challengers to the Clean Power Plan argue it would be detrimental to force unaffordable energy prices on state consumers and businesses. Studies show the carbon rule would lead to double digit rate increases in over 40 states, a fact that would particularly harm low-to-middle income families. It is also projected the rule would produce negligible benefits, such as a reduction in sea level rise the equivalent of three sheets of paper.
The brief filed this week specifically argues that the EPA has once more gone outside of its statutory boundaries, and the actions are barred under the Clean Air Act’s Section 112 exclusion. The Section 112 exclusion argues that EPA cannot regulate carbon emissions from power plants because it already regulates their mercury emissions under section 112.
The brief filed by over 200 federal lawmakers comes close on the heals of a historic stay of the rule issued by the Supreme Court of the United States, which in turn lead to some Governors, such as Scott Walker in Wisconsin, issuing executive orders to stop implementation of the rule.