S.D. AG, other states target proposed EPA emissions rule

South Dakota Attorney General Marty Jackley joined with 18 other states' attorneys general on Friday in asking for the Environmental Protection Agency (EPA) to withdraw its proposed rule concerning greenhouse gas emissions for new fossil-fuel-driven stationary sources.

The proposed Standards of Performance for Greenhouse Emissions from New Stationary Sources rule was heavily criticized in extensive comments by some states in 2014 that said the rule represented an unlawful expansion of the EPA’s authority. The states and industry groups also said the rule, which updates performance standards for greenhouse gas emissions, was also criticized for its potential economic impact on sectors dependent on fossil-fuel-driven generating units.

“Protecting the environment through reasonable regulation and enforcement is important to South Dakota,” Jackley said. “The process and unprecedented action taken by the EPA to expand its authority is unnecessarily affecting economic development and our agricultural industry in South Dakota. In the end, these attempts at regulation will only work to stifle economic development and increase energy prices upon the consumer.”

The EPA was also criticized by opposing states for not complying with notice and comment requirements -- criticism the agency has yet to address.