Wisconsin plans to sue EPA over rule on carbon emissions

Hours after the EPA released its final rule for cutting carbon emissions from power plants, Attorney General Brad Schimel confirmed the state’s plans to sue to stop the federal agency’s “unlawful actions.”

The Obama administration’s Clean Power Plan rules would force power plants in Wisconsin to cut annual average carbon emissions 33.9 percent by 2030 from a 2012 baseline. The goal of the plan is to cut emissions as a nation by 32 percent between a 2005 baseline and 2030.

Gov. Scott Walker said President Obama is overstepping his authority and ignoring the increased costs for Wisconsin’s ratepayers — up to $13 billion.

“Wisconsin has taken every opportunity to express that the Obama Administration is not only exceeding its authority by issuing the EPA’s final rule, but is pursuing the least efficient way to make environmental gains,” Walker said. “Today, I am asking the attorney general to take immediate action to protect Wisconsin ratepayers and workers from the devastating impacts of the Obama Administration’s actions.”

Schimel confirmed Wisconsin will join other states in suing the federal government to stop the rule.

“Based on our initial understanding of the final rule,” Schimel said, “the Clean Power Plan will be detrimental to Wisconsin’s economy by dramatically increasing residential and business electricity bills, resulting in significant job losses.”

The lawsuit would not be the first attempt to stop the Clean Power Plan rules. At least 14 states, with Wisconsin intervening, sued to stop the rules before they became final. That suit was dismissed in June.

The Clean Power Plan is a response to a moral obligation to reduce pollution for future generations, the White House said Monday.

The state and country also have a responsibility to improve the health of residents, according to the White House. It cited statistics showing 10.4 percent of Wisconsin adults and 7.8 percent of children have asthma.

“In 2013, 48 million metric tons of carbon pollution were emitted from power plants in Wisconsin — equal to the yearly pollution from over 10 million cars,” according to the White House release. “In addition to reducing a portion of this carbon pollution, EPA’s guidelines will also cut other forms of air pollution like soot and smog.”

Utilities in Wisconsin were still reviewing the Clean Power Plan, the Wisconsin Utilities Association said.

Utilities are analyzing how the EPA responded to public comments. The utilities had sought: credit for early action to reduce emissions; changing the 2012 baseline to a multiyear average; allowing sufficient time to comply; and allowing multistate compliance plans.

The EPA received more than 4 million comments from states and stakeholders, according to the White House.