Nevada, until Tuesday one of only five neutral states in the ongoing legal battle surrounding the Environmental Protection Agency’s Clean Power Plan, has thrown its hat into the ring, kind of. The state filed an amicus brief with the D.C. Circuit Court of Appeals, officially picking the side of those suing the EPA against the rule, but not technically jumping into the fray itself.
“After consideration, the Nevada Department of Conservation and Natural Resources, through its Division of Environmental Protection, concluded that Nevada is differently situated as compared to other States participating as petitioners in this litigation, and therefore Nevada has not joined this litigation as a State petitioner,” the brief says.
However, the brief continues, the state could still be negatively affected by the rule, which requires states to develop action plans to meet EPA-set carbon emissions reduction targets. “First, EPA’s unprecedented regulations harm energy consumers across the nation, thus threatening harm to the overall national economy and in turn to Nevada’s vital tourism industry. Second, EPA’s final rule contravenes basic principles of administrative law, separation of powers, and federalism,” the brief says.
Only Alaska, which is not subject to the rule, Pennsylvania, Tennessee, and Idaho have yet to enter the suit in one side or the other. Currently, 28 states, including Nevada, have set themselves against the EPA in the suit while 18 have gathered to defend the EPA.
