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Sean D. Reyes
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U.S. Supreme Court Halts EPA’s Unlawful Power Plan


SALT LAKE CITY Feb. 10, 2016 — The State of Utah is pleased that the United States Supreme Court has blocked enforcement of the Environmental Protection Agency’s (the EPA) “111(d)” regulation, a landmark carbon rule for power plants. The Supreme Court’s order prohibits the EPA from implementing the rule until the states’ legal challenge is resolved by the courts.

Utah Governor Gary Herbert and Utah Attorney General Sean Reyes welcomed the Supreme Court’s action.

“Such a dramatic expansion of the EPA’s authority to regulate our economy without restraint warrants clear direction and clear legal authorization from Congress, which has not yet been granted,” said Herbert.

“This decision recognizes the dangerous impact the rule will have on our state,” said Reyes. “We all want better air quality and a healthy environment for our families and future generations, but not by bypassing Congress, violating the Clean Air Act, and ignoring meaningful input by the States.”

Led by the Attorney General’s Office, Utah joined the challenge of the  EPA’s rule, also known as the Clean Power Plan, and requested that courts overturn this unprecedented federal regulatory expansion. Utah joined West Virginia and twenty-two other states in challenging the EPA’s approach to regulating carbon dioxide emissions from power plants that would unlawfully hinder Utah’s ability to make fundamental decisions central to the quality of life and economy growth.