Ohio's Attorney General, in conjunction with 26 other states and the National Rural Electric Cooperative Association (NRECA), has initiated lawsuits against the Environmental Protection Agency (EPA) over new power plant regulations concerning greenhouse gas emissions. The lawsuits were filed on Thursday, May 9.
Patrick O’Loughlin, president and CEO of Ohio’s Electric Cooperatives, criticized the new rules as "unlawful, unreasonable, unrealistic," predicting they would have "severe negative consequences not only for Ohio but for our entire nation." His cooperative owns Buckeye Power’s coal-fired Cardinal Power Plant in Eastern Ohio.
The regulations pose a significant threat to the reliability and affordability of electricity for one million member-consumers across 77 of Ohio’s 88 counties who rely on the Cardinal Plant for their power. The rules target existing coal plants like Cardinal Power Plant and new natural gas plants by mandating a 90% capture of carbon emissions and storage underground. This process, known as carbon capture sequestration (CCS), is an unproven technology that does not currently exist at a scale capable of meeting the performance requirements outlined in this rule.
O’Loughlin warned that these rules could lead to increased costs for consumers and reduced reliability at a time when the economy is becoming more electrified, industrial production is increasing, and artificial intelligence is consuming more electricity.
Many industry leaders have testified about the risks these rules pose to the reliability of the electric grid. They informed the EPA that their proposed rule could result in nearly all coal-fired power plants in the United States being shut down. These plants currently supply approximately 20% of U.S. electricity.
Jim Matheson, NRECA’s CEO, echoed these concerns: “Reliable electricity is the foundation of the American economy. EPA’s rule recklessly undermines that foundation by forcing the premature closure of power plants that are critical to keeping the lights on – especially as America increasingly relies on electricity to power the economy.”
PJM, the organization that manages electricity for Ohio and 13 other states, has also warned the EPA about the potential impact of these new rules. In a statement released on May 8, PJM emphasized that "the future demand for electricity cannot be met simply through renewables given their intermittent nature."
The lawsuits filed with the U.S. Court of Appeals, D.C. Circuit, seek a review of the EPA rules. Emergency requests to halt the implementation of these rules are expected to be filed next and will include declarations of harm for the impacted states.