Colorado joins list of states opposed to EPA’s Clean Power Plan

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The Environmental Protection Agency’s Clean Power Plan continues to stir controversy weeks after its recent unveiling, with Colorado announcing it will join the growing list of states threatening suit against the EPA to stop the proposal.

Per an announcement made by Colorado Attorney General Cynthia Coffman this past Friday, the state will join others who say they will file the suit in Washington, D.C. — though the filing would not come until the plan is published in the Federal Register.

Already, 15 states have signed a 129-page Emergency Petition for Extraordinary Writ, authored by West Virginia Attorney General Patrick Morrisey, which was submitted to the U.S. Supreme Court of Appeals for the District of Columbia on August 13.

The request for a writ followed a grievance addressed to EPA Administrator Gina McCarthy requesting an “immediate stay” on the program that was signed by 16 states and submitted to the EPA days after the plan was unveiled August 4.

Like others, Coffman argued that the Clean Power Plan would require her state to overhaul its power generating fleet with the potential cost of established Colorado jobs — particularly in mining-related industries — and higher utility rates for consumers.

The EPA, however, said the plan is a necessary response to global climate change, and that the U.S. must reduce its pollution based on a best system of emissions reduction under Section 111(d) of the EPA’s Clean Air Act.

“The rule is an unprecedented attempt to expand the federal government’s regulatory control over the states’ energy economy,” Coffman said in a release posted to Facebook on Saturday. “The EPA is unwilling to accept limits set by Congress in the Clean Air Act, and instead is pushing its agenda forward through regulatory rewrites that overreach its legal authority.”

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Michael Harris formerly was Editor for

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