Erica Peterson

Nearly all of Kentucky’s federal representatives have formally filed a document in support of a lawsuit challenging the Environmental Protection Agency’s carbon dioxide regulations.

The EPA finalized the Clean Power Plan last summer. It sets carbon reduction goals for each state, and is part of President Obama’s overall goal of addressing climate change. Almost immediately, a coalition of states — including Kentucky — and industry groups sued to overturn the rule.

The lawsuit is set to be heard in June by the D.C. Court of Appeals. Earlier this month, the Supreme Court issued a stay, blocking the regulations from going into effect until all legal challenges are settled.

The amicus brief filed today by more than 200 U.S. senators and representatives supports the challenges against the EPA’s rule. All of Kentucky’s Republican senators and congressmen — which is all of the state’s federal delegation except for Democratic Rep. John Yarmuth of Louisville — signed on to the brief.

Wikimedia Commons

The future of Kentucky’s controversial changes to a water quality standard is up in the air, after a settlement last year sent the changes back for federal review.

Selenium is a naturally occurring substance that’s released into waterways during strip mining. In large amounts, it’s toxic to both aquatic life and humans. The substance also bioaccumulates up the food chain, so as fish eat other fish, levels of selenium rise.

In November 2013, the Environmental Protection Agency approved changes to Kentucky’s water quality standard that changed the way selenium was measured. The state had requested permission to do away with the chronic — or long-term — standard, and instead institute a two-part process: If water testing reveals levels above a certain benchmark, it triggers fish tissue testing.

The EPA signed off on the changes, but environmental groups sued. In October, all the parties reached an agreement that sent Kentucky’s selenium standard back to the EPA for reconsideration. Part of that involves consulting the Endangered Species Act, which the agency was required to do and hadn’t completed the first time around.

Erica Peterson

In the wake of Tuesday’s Supreme Court decision to temporarily halt the implementation of federal carbon dioxide regulations, the Kentucky Energy and Environment Cabinet said it would also delay seeking public input on its compliance options.

The first deadline under the Environmental Protection Agency’s Clean Power Plan was supposed to be in September. That was the month states were required to either submit a plan to comply with the rules or declare their intention to follow a federal blanket plan.

Last month, Kentucky Energy Secretary Charles Snavely announced the cabinet would seek a two-year extension. The EPA requires states requesting an extension to gather public input on their compliance options, and Snavely said the cabinet would do that via listening sessions around the commonwealth.

Now, the rule has been stayed until legal challenges are resolved, which will likely push the plan’s timeline back.

Erica Peterson

The U.S. Supreme Court has agreed to halt enforcement of federal carbon dioxide regulations until legal challenges to the rule are resolved.

The stay issued Tuesday evening is a blow to President Barack Obama’s Clean Power Plan, which sets individual carbon dioxide reduction goals for each state.

Kentucky is one of 29 states and state agencies challenging the legality of the regulations. That lawsuit is still pending in the U.S. Court of Appeals for the D.C. Circuit, but the Supreme Court decision will effectively block the implementation of the rule until the lower court acts.

The 5-4 Supreme Court ruling is a victory for the Clean Power Plan’s opponents. Kentucky, for one, had sought the stay in an attempt to get the litigation settled before the state invested time and money in developing a compliance plan for the rule.

Kentucky joined the lawsuit under then-Attorney General Jack Conway, and current Attorney General Andy Beshear is continuing the state’s involvement. In a statement, Beshear praised the Supreme Court’s ruling.

Tennessee Valley Authority

On Thursday, Kentucky Gov. Matt Bevin announced his administration would seek an extension to comply with upcoming federal carbon dioxide regulations from power plans.

On the face of it, this isn’t surprising. Without an extension, the deadline to decide how Kentucky will reduce emissions is fast-approaching. It makes sense that the state would seek as much time as possible.

But piecing together the statement released by Bevin’s office and a brief interview I did with the Energy and Environment Cabinet raises more questions. While state regulators plan to ask the Environmental Protection Agency for two more years to consider their options, they seem opposed to every option that actually involves reducing the state’s carbon dioxide emissions.

The Clean Power Plan is calling for steep cuts in emissions from power plants. To do this, states have two options: Create a state plan or follow the federal plan.

There’s a third option Kentucky regulators are hoping for, which is that the judicial system overturns the regulation, and the EPA is forced to go back to the drawing board and spend years reformulating the regulations.

Flickr/Creative Commons/DL Duncan

Kentucky lawmakers are criticizing the federal Clean Power Plan, which will place the first-ever national carbon dioxide restrictions on existing power plants.

Released earlier this month, the federal plan orders Kentucky  to reduce power plant carbon emissions by 31 percent by 2030. The EPA’s final rules were much more stringent than the 18 percent reduction outlined in a previous draft version.

The Environmental Protection Agency predicts Kentucky will meet the standards a decade early due to market pressures and current regulations on the coal industry. But Eastern Kentucky lawmakers on Monday said the new regulations would cripple the already ailing coal industry in the region.

“It infuriates me what’s happening to our people in East Kentucky,” said House Majority Leader Rocky Adkins, a Democrat from Sandy Hook, at a legislative committee meeting in Frankfort.

Because of the limits on carbon emissions, the plan will require the state to turn to new forms of power generation, especially natural gas and renewable energy.

Office of Ky Governor

Kentucky Gov. Steve Beshear was unclear Tuesday evening about whether his Energy and Environment Cabinet would continue working on a plan to help the state comply with the Environmental Protection Agency’s final Clean Power Plan, which it released the day before.

The governor also said he would support a lawsuit against the EPA over the new rule, aligning with Attorney General Jack Conway — the Democratic candidate for governor — and reversing his previous position.

The Clean Power Plan represents the first national limits on carbon dioxide from existing power plants, with an eye toward protecting human health and the environment. It sets emissions reduction goals for each state and lets the states craft individual plans to comply. States that don’t create a plan could be subject to a federal one.

When the EPA released its proposal last year, Conway joined other states in suing the agency. But at the time, Beshear stressed that Conway wasn’t acting for him in that lawsuit, and the Energy and Environment Cabinet began work on a state compliance plan.

This story has been updated.

The D.C. Circuit Court of Appeals has ruled that it’s too early to intercede in a lawsuit challenging the Environmental Protection Agency’s proposed carbon dioxide limits for power plants.

The decision was handed down Tuesday, and the coalition of states involved have indicated they’ll petition for a rehearing, and will challenge the final rule.

Thirteen states, including Kentucky, West Virginia and Indiana sued the EPA last year over the Clean Power Plan.

The rule will set individual goals for carbon dioxide emissions reductions from power plants, in an effort to curb the gases which contribute to climate change. Kentucky lawmakers have been vocal about their opposition to the rule, even though regulators’ predictions indicate the state will have to do little to comply initially.


A lawsuit filed by Kentucky and several other states challenging the Environmental Protection Agency’s Clean Power Plan could be decided “any day now.”

Chief Deputy Attorney General Sean Riley briefed a legislative committee on the lawsuit Thursday.

The lawsuit argues that with the Clean Power Plan, the EPA is exceeding its authority under the law. The law—expected to be finalized this summer—will set state-specific goals for carbon dioxide reductions.

Riley said the three judge panel hearing the oral arguments in April seemed to agree with the states on the technical merits of their argument: that the sections of the Clean Air Act the EPA is using to regulate carbon dioxide are inappropriate.

“They were very receptive to the substantive argument that the EPA may have precluded its ability to regulate greenhouse gases under [section] 111d by operation of regulating them under [section] 112,” he said. “However, they did voice some skepticism about whether the timing of our lawsuit was procedurally proper.”


Senate Majority Leader Mitch McConnell has a new legal argument that he says will scuttle the Environmental Protection Agency’s Clean Power Plan.

The EPA’s proposal—which hasn’t yet been finalized—will set greenhouse gas emissions reductions for each state. These greenhouse gases, such as carbon dioxide, are contributing to climate change. The plan is expected to give states the option of creating individual plans to comply, or to work with neighboring states to formulate a regional plan.

McConnell, a Kentucky Republican, has been a vocal opponent of the EPA and the Clean Power Plan. Most recently, he urged states to hold off on submitting individual plans to the government, in hopes that lawsuits against the rules will prevail. In a subcommittee hearing Wednesday, McConnell told EPA Administrator Gina McCarthy that he believed he had found another legal avenue to oppose the proposal.

McConnell pointed to Section 102 (c) of the Clean Air Act, which requires Congressional approval for any multi-state agreements to reduce air pollution. And that Congressional approval, McConnell said, would not be coming.

A lawsuit that sought to have the federal government respond to requests for them to take over Kentucky’s water pollution program has been dismissed, but the plaintiffs plan to re-file the suit in the Court of Appeals.

Five years ago, environmental groups Kentuckians for the Commonwealth and the Sierra Club petitioned the Environmental Protection Agency, asking federal regulators to take over Kentucky’s water pollution program because of alleged routine mismanagement and lack of enforcement in the commonwealth. The EPA delegates Kentucky regulators the authority to run the National Pollutant Discharge Elimination System program in the state, but the environmental groups claimed state regulators weren’t enforcing the Clean Water Act. The EPA never responded to the petition, so in January, the groups sued the agency.

From the original petition:

“We recognize we are asking EPA to take drastic action. Given the nearly complete breakdown of Kentucky’s implementation and enforcement of its NPDES program, however, withdrawal of the State’s NPDES program is the only remedy that will bring Kentucky into compliance with the Clean Water Act (CWA). In particular, the State’s capitulation to the coal industry and its complete failure to prevent widespread contamination of state waters by pollution from coal mining operations leaves EPA no choice but to withdraw its approval of that program.”

The EPA sought for the suit to be dismissed, saying that there was no requirement for the agency to reply to the petition. The environmental groups agreed in court to the dismissal, and plan to re-file the lawsuit as an Administrative Procedure Act claim in the Sixth Circuit Court of Appeals.

Petr Kratochvil, publicdomainpictures.net

Senate Majority Leader Mitch McConnell is urging states to delay creating their own plans to comply with the Environmental Protection Agency’s proposed greenhouse gas regulations, in hopes legal action will force the EPA to jettison the rules.

In an opinion piece published earlier this week by the Lexington Herald-Leader, McConnell laid out his objections to the regulations, which are meant to reduce the U.S.’s carbon dioxide emissions. Carbon emissions from sources like fossil fuels are contributing to climate change worldwide.

McConnell writes:

“So what are governors and state officials who value the well-being of the middle class to do? Here’s my advice:

Don’t be complicit in the administration’s attack on the middle class. Think twice before submitting a state plan — which could lock you in to federal enforcement and expose you to lawsuits — when the administration is standing on shaky legal ground and when, without your support, it won’t be able to demonstrate the capacity to carry out such political extremism.

McCarthy Rejects McConnell's 'War on Coal' Charges

Nov 17, 2014

EPA administrator Gina McCarthy is rejecting claims that her agency is waging a “war on coal”.  Speaking at a breakfast hosted by the Christian Science Monitor, McCarthy says she expects coal to remain as part of the energy mix and that the coal industry is not specifically being targeted as the agency tries to reduce the nation’s carbon emissions. 

Last week, Senator Mitch McConnell told the Courier-Journal that the Obama administration’s approach to the coal industry was a “true outrage”, and also criticized the just-announced climate agreement with China. 

Abbey Oldham

Kentucky Senator Mitch McConnell has made no secret of his plans should he win re-election next month and should he become Senate Majority Leader.

The latter will happen if McConnell defeats Democrat Alison Lundergan Grimes and Republicans win a net of six Senate seats in November. McConnell has told audiences and reporters that, if he became Senate Majority Leader, he would seek to defeat President Obama’s legislative agenda by adding language to spending bills that would strip funding from projects the President supports.

In an interview with WKU Public Radio Wednesday, McConnell was asked specifically which programs he would seek to defund.

WKU Public Radio: What specific programs or initiatives would you seek to block if you were to become Senate Majority Leader?

Sen. Mitch McConnell: Well, my first choice, obviously, is to see what the President is willing to do with us. We need to do comprehensive tax reform. It’s been 30 years since we scrubbed the code. The President says he wants to do trade agreements. That’s a big winner for Kentucky agriculture. So I think you would anticipate kind of a mix of things, hopefully working on things we can agree on together.

But there are some things we would differ on. The initiatives that the President has carried out through the regulatory side have been quite burdensome to the economy. And we would indeed seek to reign in the regulators, and a good example of that is the war on coal, which has created a depression in eastern Kentucky.

Attorneys General from Kentucky, Indiana and 10 other states are suing the federal Environmental Protection Agency over proposed greenhouse gas regulations.

The EPA has been required to regulate greenhouse gases—like carbon dioxide—since 2007, when the Supreme Court determined the gases posed a danger to human health. The lawsuit filed in the D.C. Court of Appeals on Friday takes issue with the way the EPA has proposed the regulations.

Kentucky Attorney General Jack Conway joined the suit without input from the Beshear Administration’s Energy and Environment Cabinet. Conway referenced the lawsuit in his Fancy Farm speech over the weekend.

"In fact, you’re looking at the only Democratic Attorney General in the country who is standing up for our coal and our low electricity rates by suing the EPA over whether they even have the authority to implement these new rules," Conway said to the crowd Saturday.

Under the proposed regulation, Kentucky will have to reduce its carbon dioxide emissions by 18 percent, and Indiana by 20 percent. But the way the emissions reductions are reached is left primarily up to the states.