Members of Kentucky federal delegation join amicus brief against EPA

02/23/2016 03:10 PM

All but one of Kentucky’s congressmen have joined an amicus brief to support a suit halting the Environmental Protection Agency’s Clean Power Plan, which would require states to reduce carbon dioxide emissions by 2030.

In all more than 200 federal lawmakers, led by U.S. Sen. Mitch McConnell and Senate Environment and Public Works Committee Chairman Jim Inhofe, R-Oklahoma, filed the brief Tuesday with the District of Columbia Circuit Court of Appeals.

“This is the latest effort to fight back against the Obama Administration’s War on Coal, and I am proud to lead efforts in filing this brief in support of Kentucky,” McConnell said in a statement. “Our amicus brief makes clear that it is the role of Congress to legislate and the Administration has overstepped its authority by essentially legislating through regulation.”

In the brief the lawmakers claim the final rule by the Environmental Protection Agency “goes well beyond the clear statutory directive” by requiring states to submit plans and mandating CO2 levels.

“In reality, if Congress desired to give EPA sweeping authority to transform the nation’s electricity sector, Congress would have provided for that unprecedented power in detailed legislation,” the brief states.

Earlier this month the U.S. Supreme Court granted a stay halting the regulations pending legal challenges to the rule. The brief is seeking that the appeals court vacate the appeal.

All of Kentucky’s Congressmen with the exception of Democratic U.S. Rep. John Yarmuth, D-Louisville, are supporting the brief, according to a press release.

Oral arguments in the case are scheduled for June.

About Nick Storm

Nick Storm is the Anchor and Managing Editor of Pure Politics, the only nightly program dedicated to Kentucky politics. Nick covers all of the political heavyweights and his investigative work brings to light issues that might otherwise go unnoticed, like the connection between the high profile Steubenville, Ohio rape and a Kentucky hacker whose push for further investigation could put him in federal prison. Nick is also working on a feature length bio documentary Outlaw Poet: A documentary on Ron Whitehead. Follow Nick on Twitter @NickStorm_cn2. Nick can be reached at 502-792-1107 or



Subscribe to email updates.

Subscribe and get the latest political intelligence delivered to your inbox.