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Attorney General Marty Jackley

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U. S. Supreme Court Agrees with Attorneys General and Issued Stay in EPA’s Unlawful Power Plan


FOR IMMEDIATE RELEASE :    Wednesday, February 10, 2016
CONTACT:  Sara Rabern (605)773-3215 

United States Supreme Court Agrees with Attorneys General and Issued Stay in EPA’s Unlawful Power Plan

PIERRE, S.D.-   Attorney General Marty Jackley today announced that a bipartisan coalition of 29 states and state agencies, has won a major victory as the U.S. Supreme Court put an immediate halt to the Obama Administration’s power plan as litigation continues in the D.C. Circuit Court.

"I praise the U.S. Supreme Court’s decision to stay the EPA’s overreach in its power plan. We all recognize the importance of protecting our environment and developing energy efficiency, but the EPA has exceeded its authority granted by Congress and reduced the decision-making authority of our State.  The EPA’s actions will directly affect energy costs and potential energy availability to South Dakota consumers.  I will continue to work with other State Attorneys General to protect our State’s decision-making authority and our consumers who heavily depend on energy in their everyday lives,” said Jackley.
The D.C. Circuit Court will hear oral arguments on the merits of the states’ case on June 2. A final ruling from that court might not come for months and without the stay the administration’s plan could have caused the destruction of untold numbers of jobs, greatly increasing electricity bills and the weakening of the nation’s electric grid.

The coalition challenged the EPA’s power plan on Oct. 23, 2015, the day it was published. The states argue the EPA exceeded its authority by double-regulating coal-fired power plants and forcing states to fundamentally shift their energy portfolios away from coal-fired generation.

Those urging the U.S. Supreme Court to immediately halt the EPA’s unlawful power plan are Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Jersey, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin and Wyoming, along with the Mississippi Department of Environmental Quality, Mississippi Public Service Commission, North Carolina Department of Environmental Quality and Oklahoma Department of Environmental Quality.