TOPEKA (December 30, 2011) A federal appeals court has
temporarily blocked implementation of a new Environmental
Protection Agency regulation that would threaten the Kansas
electrical supply, Kansas Attorney General Derek Schmidt announced
today. The United States Court of Appeals for the District of
Columbia Circuit today granted a stay of the Cross-State Air
Pollution Rule, which was scheduled to take effect Sunday. Kansas,
which filed a lawsuit against EPA in September, had asked the Court
to block implementation of the new regulation while the Court hears
arguments about it. That request was granted today. Todays ruling
is a big win for Kansans concerned about utility bills, Schmidt
said. Blocking implementation of this regulation will prevent cost
increases to energy consumers and will ensure our energy suppliers
can continue providing reliable service to Kansans. With the
regulation on hold pending the outcome of the lawsuit, the Court
has set oral arguments in the lawsuit for April 2012. EPA says the
new emissions limits on power plants in Kansas would ease
air-quality problems in downwind states to the northeast. Kansas
continues to dispute the EPAs analysis of Kansas emission levels,
which overestimates the states contribution to downwind air quality
problems. Kansas also argues that the new regulation will
needlessly add millions of dollars of cost to Kansas utilities,
which would then be passed through to Kansas consumers in the form
of higher electricity rates. The new regulations also would force
utilities to divert resources from investments in their existing
long-term pollution control plans. Schmidt said his office will
continue to fight to have these regulations permanently overturned
by the Court.
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