EPA Finalizes Repeal of Biden-Era Power Plant Rule

Cramer Applauds Win for North Dakota's Lignite Producers, Energy Users

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HOUSTON - North Dakota's lignite industry is breathing easier today after the U.S. Environmental Protection Agency (EPA) announced at the G20 Energy Abundance Ministerial Meeting it finalized the repeal of illegal Biden-era greenhouse gas (GHG) regulations targeting the nation's power plants. The EPA also announced it has found GHG emissions from U.S. fossil fuel-fired power plants do not contribute significantly to dangerous air pollution.

U.S. Senator Kevin Cramer (R-ND), Chairman of the Senate Environment and Public Works (EPW) Subcommittee on Transportation and Infrastructure, attended the announcement and applauded it as "an example of the Trump administration's EPA restoring cooperative federalism and scientific rigor to the regulatory process. The repeal ends the previous administrations' assault on affordable, reliable energy and avoids the collateral damage it would have done to thousands of workers employed by North Dakota's lignite industry, but the greatest impact will be felt by families and businesses who will no longer have to foot the bill for this illegal rule."

Cramer continued, "We're finally putting the Biden administration's war on reliable, affordable energy behind us. North Dakota has shown the whole country what good energy policy looks like-we've got both the lowest electricity rates in the country and the best air quality.

"I'm grateful to President Trump and Administrator Zeldin for making American energy dominance a priority and also thank them for working with Secretaries Burgum and Wright throughout the process," Cramer added."North Dakota produces the reliable energy America needs, and today's action will make sure families and businesses have access to baseload electricity at an affordable price."

The administration's actions are expected to open new opportunities for American coal and natural gas as electricity demand grows. Coal production for power-sector use is projected to increase by more than tenfold, strengthening the role of domestic energy in powering new manufacturing, supporting workers and businesses, and steering the next wave of American economic growth. North Dakota's role as a major producer of coal, natural gas, and oil has given it a prominent position in the national energy picture.

EPA's determination recognized GHG emissions from domestic fossil fuel-fired power plants do not contribute significantly to dangerous air pollution, pointing to the global nature of these emissions. Unlike pollutants whose health effects can be traced to regional or local sources, GHG emissions disperse globally, making it difficult to accurately attribute potential public health harms to emissions from the U.S. power sector. However, the economic harm from these costly regulations would fall squarely upon the shoulders of American ratepayers.

The rule, first imposed in 2015 under the Obama administration's Clean Power Plan and revived in an expanded form by the Biden administration, threatened to undermine grid reliability, force the closure of North Dakota's lignite-fired power plants, negatively impact natural gas generation, and drive-up energy costs for consumers. The EPA's own analysis under President Biden did not include any measurable sea-level or temperature benefits associated with the rule.

The state of North Dakota and industry groups challenged the rule, ultimately taking the case to the U.S. Supreme Court. In 2022, the Court struck down the Clean Power Plan in West Virginia v. EPA, ruling the agency had exceeded its authority by effectively forcing a shift in the nation's energy mix without clear authorization from Congress. Defying the Supreme Court's ruling, the Biden administration pursued a similar approach. Cramer called on the EPA to withdraw it from consideration in August 2023.