Shelley Moore Capito - Ranking member of the Environment and Public Works committee | Official U.S. Senate headshot
Shelley Moore Capito - Ranking member of the Environment and Public Works committee | Official U.S. Senate headshot
U.S. Senator Shelley Moore Capito, U.S. Senator Roger Wicker, and U.S. Rep. Cathy McMorris Rodgers, along with 44 of their colleagues, have filed a bicameral amicus curiae brief challenging the Environmental Protection Agency's (EPA) so-called "Good Neighbor" air rule. The brief accuses the EPA of overstepping its authority and attempting to transform the power sector by imposing burdensome regulations on American power production.
"Acting well beyond its delegated powers under the [Clean Air Act], EPA’s Rule proposes to remake the energy sector in the affected states toward the Agency’s preferred ends," the brief states. "The Rule is part of the broader joint EPA-White House Strategy that oversteps the Agency’s authority by concurrently developing regulations under three separate environmental statutes."
The "Good Neighbor" rule imposes emissions requirements on power plants, natural gas pipeline assets, and industrial plants in 23 states. Despite legal challenges and Supreme Court proceedings, the EPA has shown commitment to the rule and even proposed adding five more states to the program.
Senator Capito and Senator Wicker previously introduced a Congressional Review Act joint resolution of disapproval against the rule. Rep. Michael Burgess also introduced a companion resolution in the House. Additionally, Ranking Member Capito has voiced concerns about the EPA's "Good Neighbor Plan" in various hearings and in an op-ed.
In November 2023, Chairs McMorris Rodgers, Duncan, and Johnson expressed concerns about the impact of EPA's rules on the reliability of the nation's electric grid in a letter to the Federal Energy Regulatory Commission.
The amicus brief was also signed by several other senators and House members who oppose the EPA's overreaching rule. The full text of the brief is available for reference.
The ongoing legal and legislative efforts led by Capito, Wicker, and McMorris Rodgers underscore a bipartisan concern about the potential consequences of the EPA's regulatory actions on the energy sector and state economies.
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