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Republicans Join Legal Fight Against EPA’s Smog Control Rule, Claiming It Harms Fossil Fuel Power Sector.

Congressional Republicans have joined the legal battle against the EPA smog control rule, arguing that the government is using the Clean Air Act to unlawfully transform the electric power sector. The Republicans argue that the Biden administration’s “good neighbor” rule is part of a broader strategy to reduce the use of fossil fuels in the power sector by increasing the operating costs for fossil fuel-fired power plant operators, leading to premature retirement. The amicus brief was filed by Sen. Shelley Moore Capito (R-W.Va.) and nearly four dozen other GOP lawmakers, supporting the state of Utah and other challengers who want the court to throw out the rule. The rule further restricts smog-forming emissions from power plants and other industries that contribute to downwind compliance problems.

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