Attorney General Headshot

Attorney General Marty Jackley

Attorney General Seal

Attorney General Jackley Joins Petition Challenging EPA Proposed Rule for Clean Air Act

FOR IMMEDIATE RELEASE: Friday, Jan. 19, 2024

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has joined 24 other Attorneys General in a petition asking the U.S. Court of Appeals for the District of Columbia Circuit to declare unlawful a proposed federal rule removing further state discretion with the Clean Air Act.

The U.S. Environmental Protection Agency (EPA) has proposed that states must submit their plans for the establishment of implementation of standards of performance for existing emission sources. But the proposed new rule gives states less discretion in figuring out how these existing sources can comply with less time to comply.

“This rule exceeds the EPA’s statutory authority,” said Attorney General Jackley. “The EPA’s action is less about protecting the environment and more about taking decision-making away from our State.”

Other Attorneys General who joined the petition are from Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. The Arizona Legislature and Texas Commission on Environmental Quality also joined the petition.