At the direction of Gov. Matt Mead, R-Wyo., Wyoming Attorney General Peter Michael has petitioned the U.S. Environmental Protection Agency (EPA) to reconsider the final Clean Power Plan rulemaking.
In the petition, submitted to EPA Administrator Gina McCarthy on Dec. 21, the state argues that the final rule violates the Administrative Procedure Act, the Clean Air Act and the Endangered Species Act.
It also claims the final rule is fundamentally different from the proposed rule and, thus, significantly and adversely affects the state. Additionally, the state argues that the public was not given a fair opportunity to comment on the proposed rulemaking.
Therefore, the final rule, according to the petition, should be reopened and reconsidered.
"This rulemaking has been flawed from the very beginning," states Mead." The final rule is the result of an unfair process – it has both procedural and substantive deficiencies. I am directing the attorney general to use every tool in the legal toolbox to stop this arbitrary and extremely harmful rule."
Initially released in 2014 and finalized last August, the Clean Power Plan calls for a 32% reduction in carbon emissions below 2005 levels by 2030. In October, a coalition of 24 states, including Wyoming, launched a lawsuit against the EPA in an effort to block the implementation of the plan. A few weeks ago, the Environmental Defense Fund and a supporting coalition issued its own filing against the lawsuit.Â
The attorney general's full"Petition for Reconsideration of Final Rule on Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units," as well as supporting documents, can be accessed here.