Chamber-Supported Clean Power Amicus Brief Filed in D.C.


36886821The Indiana Chamber joined 166 other state and local business associations from 40 different states in an amicus brief filed in the U.S. Court of Appeals for the D.C. last Tuesday. Circuit explaining the devastating economic impact posed by the EPA’s carbon regulations.

The lawsuit, which will be considered by a federal appeals court this summer, involves EPA’s “Clean Power Plan” rules, which aim to reconfigure state electricity systems. It is expected to be a landmark case that could shape Indiana’s energy and economic
future.

In issuing these regulations, the EPA purports to have discovered the authority to regulate how states generate, transmit and use electricity, without any authority from Congress to do so.The coalition’s brief outlines major legal and economic concerns with the rule, arguing that EPA has trampled on the rights of states to determine their own energy mix and implement environmental standards in a manner tailed to their own circumstances.

The availability of affordable electricity is a key feature of keeping America competitive in a global economy.The brief explains that EPA’s challenged rule will pose significant harm to regional and local communities, particularly in economically challenged rural areas.

Affordable, reliable energy provides our members a critical advantage in today’s intensely competitive economy. If the courts uphold EPA’s rule, that advantage could be lost and American consumers will be left footing the bill, leading to adverse ripple effects throughout the economy, which will threaten individual businesses, countless jobs and entire communities.

By prematurely and unnecessarily forcing power plants to close, EPA’s regulation will result in higher costs for electricity and all the goods and services that depend on it, which means less money remaining for health care, food, education and other critical needs.

The Indiana Chamber’s brief echoes the call from nearly 160 challengers that have filed suit against EPA, including 27 states, and a host of business, labor and consumer groups.

A decision in the case is likely to be issued by the Court of Appeals for the D.C. Circuit later this year. From there, the challenge is expected to make its way to the Supreme Court, which has ordered EPA to halt all implementation and enforcement actions on the rule until it has the opportunity to consider the case.

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