On Tuesday, June 9, the U.S. Court of Appeals for the District of Columbia Circuit dismissed State of West Virginia et al v. Environmental Protection Agency, Case No. 14-1112. Indiana was one of 14 petitioners in the case, which asked the Court to review the legality of the EPA’s proposed regulations limiting carbon dioxide emissions from existing power plants. The Court held that it does not have the authority to review proposed agency rules. In response, Governor Mike Pence issued the following statement.
“The Court’s decision is discouraging, but it does not dampen our resolve to use every legal means at our disposal to stop burdensome regulations. Though the Court declined to let the litigation proceed because of procedural matters, the Court’s decision did not speak to the substance of our claim that the EPA lacks the authority to regulate carbon dioxide emissions from existing power plants in the way proposed. We will renew our claim and seek to invalidate the regulations once they are finalized later this summer.”
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