Members of the Edison Electric Institute plan to sue the Biden administration over its decision to place a landmark climate rule on fossil fuel power plants using carbon capture and storage.
The decision represents a shift for the powerful business group. The Clean Energy Initiative did not mount a legal challenge to the Obama-era Clean Power Plan. She even offered an amicus brief that if the Supreme Court struck down the EPA’s regulatory authority, it could lead to a resurgence of climate damage claims.
The trade group, which represents investor-owned utilities, reached consensus Thursday on plans to challenge the rule, said four people, who granted anonymity to discuss the not-yet-announced decision.
By deciding to challenge the new final rule for new gas- and coal-fired generation, the ERI is playing a more aggressive role than in the recent past.
