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NMA Challenges Illegal, Unworkable EPA Rule Targeting Coal Generation

Published: May 10, 2024 |

[Click image to enlarge]

Rich Nolan, NMA president and CEO

Rich Nolan, NMA president and CEO
[Click image to enlarge]

The National Mining Association (NMA) issued the following comments from Rich Nolan, NMA president and CEO, on its filing in the U.S. Court of Appeals for the District of Columbia Circuit challenging the Environmental Protection Agency’s (EPA) newly finalized rule establishing greenhouse gas emissions guidelines for existing coal plants, known as the “Clean Power Plan 2.0.”

The new rule is modeled after the “Clean Power Plan - CPP” rule promulgated by the Obama administration, which was stayed and declared unlawful by the U.S. Supreme Court.

“This unlawful rule short-circuits the U.S. power grid. It is completely at odds with today’s power generation demands and future needs, and incompatible with the generation portfolio available to power American homes and businesses for the foreseeable future,” said Nolan.

“By ignoring the differences in generation mix across the country, variations in weather conditions from state to state, and the vast interstate transmission infrastructure that needs to be sited, permitted, and built to make renewable generation broadly viable, the EPA has chosen to ignore reality in favor of election-year campaign promises and undemonstrated technologies,” added Nolan.

“This rule’s clear disregard for Clean Air Act requirements around both mandates and boundaries for agency authority demands legal intervention, which we are beginning today,” concluded Nolan.


The National Mining Association (NMA) is the only national trade organization that serves as the voice of the U.S. mining industry and the hundreds of thousands of American workers it employs before Congress, the federal agencies, the judiciary and the media, advocating for public policies that will help America fully and responsibly utilize its vast natural resources. We work to ensure America has secure and reliable supply chains, abundant and affordable energy, and the American-sourced materials necessary for U.S. manufacturing and economic security, all delivered under world-leading environmental, safety and labor standards. Headquartered in Washington, D.C., the NMA has a membership of more than 250 companies and organizations involved in every aspect of mining, from producers and equipment makers to service providers.


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