Attorney General Marty Jackley is joining a coalition asking the U.S. Supreme Court to issue an emergency stay of implementation on a new EPA rule.
The rule would require power plants fueled by coal or natural gas to capture 90% of smokestack emissions. Jackley, along with 24 other attorneys general, claim the technology required to capture those emissions is currently unworkable.
Power plants unable to meet the new rule’s requirements would be shut down.
The U.S. Court of Appeals has already denied the request to block the rule. The ruling rejected the claim of immediate harm, as power plants have eight years to get into compliance.
According to the U.S. Energy Information Administration, South Dakota has 10 natural gas power plants and one coal power plant.