North Dakota leads state pushback on new EPA coal rules

North Dakota and West Virginia are leading a group of states in asking a federal court to review new pollution standards impacting the coal industry. 

Attorneys general from 23 states signed the petition asking for a review of the regulations that took effect Tuesday. The final proposed rules became public on April 25. 

“This rule intentionally sets impossible standards to destroy the coal industry,” North Dakota Attorney General Drew Wrigley said in a news release. 

Wrigley said the Biden administration has ignored limits on its authority set by Congress. 

“Federal agencies cannot decide on a whim to destroy entire industries,” Wrigley said. 

The petition was filed Wednesday in the U.S. District Court of Appeals in Washington, D.C., asking the court to review the Environmental Protection Agency rule. 

Other states that signed the petition were Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia and Wyoming.

In its announcement of the rules on April 25, EPA Administrator Michael Regan said “EPA is cutting pollution while ensuring that power companies can make smart investments and continue to deliver reliable electricity for all Americans.”

In particular, North Dakota officials have taken issue with new, stricter mercury emissions standards. 

Dave Glatt, director of the North Dakota Department of Environmental Quality, said the mercury standard provides no measurable health benefits and are a “death sentence for coal.” 

North Dakota prepares to fight EPA rule one official calls a ‘death penalty for coal’

Jason Bohrer, president and CEO of the Lignite Energy Council, released a statement after the final rule was announced in April.

“Electricity demand is surging, and the EPA’s agenda will severely impact our ability to rely on electricity 24/7,” Bohrer said. “These regulations mandate either fuel switching or the implementation of unproven technology, jeopardizing the stability of the national power supply, and putting over 12,000 jobs in the lignite industry at risk.”

The Lignite Energy Council says the North Dakota coal industry contributes $5.75 billion to the state economy and more than $100 million in state and local taxes.

In addition to mercury reductions, the new rules also lower the levels of pollutants that coal-fired power plants can discharge through wastewater, sets standards for handling coal ash and sets limits on carbon emissions. Gov. Doug Burgum and other state officials have repeatedly complained about onerous regulations from the Biden administration, with Burgum even making a plea to a legislative committee to provide adequate funding for the state’s legal battles with the federal government.