Twenty states, including Arkansas, that have attempted to block a federal anti-pollution rule were set back again today at the U.S. Supreme Court. Chief Justice John Roberts declined to delay the rule while the EPA deals with some legal questions before a circuit court of appeals.

Republican attorney generals have led this fight, in support of some elements of the business lobby, despite long precedent that seemed to make clear the rule making was within the federal agency’s power.

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UPDATE: Continued court setbacks haven’t deterred Attorney General Leslie Rutledge. She spoke on the topic at today’s C-PAC conservative gathering in Washington. Her news release terms the Clean Power Plan “unlawful,” though no court has agreed with that view just yet.

“It was an honor to join this panel to discuss the Clean Power Plan which jeopardizes the future of our nation’s economy,” said Attorney General Rutledge. “The EPA lacks authority under the Clean Air Act to impose such sweeping regulations upon the states, and its actions violate the rule of law by usurping both the constitutional authority of the legislative branch and the sovereignty of the individual states. As I have traveled to all 75 counties this past year, countless Arkansans raised concerns about skyrocketing electric rates that will occur from the EPA’s power grab. Projections show that the EPA’s rule will cost at least $29 billion per year and cause double-digit electricity price increases in 41 states, including Arkansas. I am committed to doing everything I can to stop this unlawful rule from going into effect.”

The Sierra Club was not impressed. Arkansas director Glen Hooks said in part:

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Instead of traveling to a DC political conference and fighting against clean air, our Attorney General should pay more attention to what is happening here in Arkansas. In Arkansas, we now have multiple clean solar energy projects at various stages of development. Two of those projects involve Entergy and the Arkansas Electric Cooperatives, our state’s biggest coal burners who are now responsibly adding clean energy to their portfolios.

Right now, Arkansas utilities are also importing huge amounts of clean and cheap wind power. Entergy Arkansas recently proposed to retire the state’s largest coal-fired power plant. Even the Pine Bluff Commercial, the local newspaper for the plant’s town, recently endorsed closing coal-fired power plants in our state. 

The Clean Power Plan will help Arkansas move forward even more quickly. The fact that our Attorney General actively opposes a plan that will bring thousands of new jobs to our state—while improving our air quality and our health—is mystifying.

While Attorney Rutledge tries desperately to hang on to the dirty fuels of the past, Arkansas is moving forward without her. The Sierra Club urges Attorney General Rutledge to embrace clean energy for The Natural State and stop opposing responsible clean energy efforts. Doing so will be good for our environment, our health, and our economy.

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