The EPA’s greenhouse gas “performance standards” for fossil-fuel power plants didn’t just regulate emissions, they tried to force America’s fossil-fuel power plants to stop being fossil-fuel power plants. Energy providers across the country were told they needed to transform—not because they exceeded legal limits, but because Washington bureaucrats decided they should be something else entirely.
Even if a power plant followed the law, it could still be targeted simply because federal regulators didn’t like the kind of energy it produced. The EPA told the energy providers that they needed to shift their energy generation toward renewable sources, regardless of cost, reliability, or whether Congress ever approved such a plan.
Fortunately, the Supreme Court stepped in. In West Virginia v. EPA (2022), the Court held that major energy policy decisions must come from Congress, not from unelected federal regulators.
Now, the EPA is proposing a new rule to repeal its prior overreach.
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In simple terms, this new rule gives power back to the people—and to the states.
The new rule would:
- Repeal unconstitutional and unlawful regulator mandates that forced coal and gas plants to become something they’re not.
- Restore flexibility and respect for how affordable, reliable energy is provided throughout the nation.
- Respect the Constitution and rule of law.
This is about accountability. Decisions that impact every American’s electricity bill, job, and way of life should be made by lawmakers—not unelected agency staff. We’re urging the EPA to finish what it started: finalize the repeal, protect American energy, and make it clear that federal agencies don’t get to rewrite the rules without Congress.
What’s at Stake?
If this rule isn’t finalized, here’s what could happen:
- Electricity prices could rise, and blackouts could become more common.
- Jobs in energy-producing states could vanish.
- Federal agencies would see the failure as a green light to keep expanding their power, with no accountability.
In short, your wallet, your lights, and your freedom could all take a hit.
Mountain States Legal Foundation, along with Western Energy Alliance and the Independent Petroleum Association of New Mexico, filed a public comment in support of this rule because we believe in:
- Constitutional limits on agency power;
- Protecting American energy workers and consumers across the West and the Nation; and
- A return to lawful, achievable environmental policy.
EPA’s old rule was unconstitutional, unlawful, and unworkable. The proposed repeal is a smart, lawful, and necessary course correction. It respects the Constitution, protects energy reliability, and restores balance between federal agencies, Congress, and the states.
