Whitesburg KY

Judge: Suit naming EPA is filed too early


A federal judge dismissed Nebraska’s lawsuit against the federal Environmental Protection Agency over greenhouse gas standards for new power plants, saying the lawsuit “jumped the gun.”

The EPA’s proposed rule would set limits on the amount of carbon dioxide new plants will be allowed to emit, essentially requiring any new coal plants to install expensive carboncapture technology. The rule has drawn strong criticism from many Republicans, especially in conservative states such as Nebraska.

Nebraska Attorney General Jon Bruning filed the lawsuit in January, saying “the impossible standards imposed by the EPA will ensure no new power plants are built in Nebraska.”

But this week, U.S. District Judge John Gerrard granted the EPA’s request to dismiss the case, saying Nebraska “jumped the gun” with the lawsuit, because the EPA rule has not been finalized.

Bruning, a Republican, had argued that the proposed EPA rule would hurt Nebraska businesses.

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