States from Alabama to West Virginia that oppose the Obama administration's Clean Power Plan filed for the stay in the U.S. Court of Appeals for the D.C. Circuit and asked for a ruling by Sept. 8, one year before states need to submit compliance plans to the EPA.
“This rule is the most far-reaching energy regulation in the nation’s history, and the EPA simply does not have the legal authority to carry it out,” said West Virginia Attorney General Patrick Morrisey.
The Obama administration unveiled the final version of the Clean Power Plan on Aug. 3, which aims to lower emissions from the country's fleet of power plants by 32 percent below 2005 levels by 2030. President Barack Obama called the rule the biggest action the United States had taken to date to address climate change.
Under the proposal, each state needs to submit a plan to the EPA detailing how it intends to meet the target the agency set for it. States, particularly those that have relied on coal for electricity, have vowed to fight the rule, arguing the EPA has overstepped its regulatory authority.
"The Clean Air Act was never intended to be used to create this type of regulatory regime, and it flies in the face of the powers granted to states under the U.S. Constitution,” said Morrisey.
Alabama, Arkansas, Florida, Indiana, Kansas, Kentucky, Louisiana, Michigan, Nebraska, Ohio, Oklahoma, South Dakota, Wisconsin and Wyoming joined West Virginia in requesting the stay.