FRANKFORT, Ky. (Dec. 10, 2024) – Last week, the U.S. Circuit Court of Appeals for the Sixth Circuit delivered a landmark decision in favor of Kentucky, striking down the U.S. Environmental Protection Agency’s (EPA) attempt to overrule the Commonwealth’s state implementation plan for remedying interstate ozone transport. Dependable Power First Kentucky is grateful to Attorney General Russell Coleman for filing this important lawsuit and for his steadfast leadership and dedication to defending Kentucky’s energy future.
Kentucky, having adhered to federal guidelines in crafting its plan, faced an unjust rejection by the EPA under newly applied, retroactive standards. The court labeled the EPA’s actions as “bait-and-switch tactics,” confirmed that EPA was wrong in rejecting the state implementation plan, and ruled that Kentucky retains the right to regulate air quality within its borders.
This decision prevents the EPA from issuing a highly costly federal plan that would have crippled our state’s electricity supply, marking a significant victory for Kentuckians and the reliability and affordability of our state’s electricity supply. It also protects other states by creating a legal basis for repealing and replacing the federal Ozone Transport Rule which would cause additional coal plant retirements in stark contrast to the concerns that have been raised by the North American Electric Reliability Corporation (NERC) and grid operators about the possibility of electricity shortages in many regions of the country.
The verdict comes at a critical time as federal agencies like the EPA continue to impose other sweeping regulations, including the Clean Power Plan 2.0, which left unchecked would result in more frequent blackouts, soaring power bills, reduced economic development, and fewer jobs. By ruling against the EPA’s attempt to undermine Kentucky’s authority to set our own energy policies, the court took a stand for state’s rights and affordable and reliable electricity.
However, the battle is far from over. The EPA’s Clean Power Plan 2.0 is still a looming threat, and skyrocketing electricity demand from AI and electrification has put an unprecedented strain on our power grid. Thankfully, the Kentucky General Assembly and Attorney General Coleman have been proactive in addressing this challenge. By asserting our sovereignty in this case, Kentucky has laid the groundwork for ensuring the voices of our citizens and businesses are heard in the fight for energy independence.
The efforts of Attorney General Coleman, along with the tireless work of Solicitor General Matt Kuhn and other officials, have been instrumental in this victory. Moving forward, we must remain vigilant and united against federal overreach to protect Kentucky’s electric reliability and ensure the Commonwealth continues to be a leader for American industry and economic development.
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Dependable Power First Kentucky works to promote a reliable, resilient, and affordable electricity supply for all Kentuckians by bringing together diverse stakeholders from across the state to shift the conversation around reliability and support policies that achieve this goal. For more information, please visit www.dependablepowerky.com.
