Lankford: SCOTUS Refusal to Hear OK Regional Haze Case Disappointing

Press Release

Representative James Lankford (R-Okla) expressed disappointment today as the Supreme Court of the United States (SCOTUS) announced it would reject without comment an appeal from Oklahoma's Attorney General Scott Pruitt in conjunction with Oklahoma Gas & Electric (OG&E). The Justices declined to grant certiorari to a decision by the Tenth Circuit Court of Appeals. Last year, the Tenth Circuit ruled 2 to 1 that Oklahoma must abide by the federal EPA plan instead of the state plan to reduce regional haze.

"Apparently when EPA told states they could craft their own compliance procedures to implement the Regional Haze rule, they meant states could design their own rules as long as they are identical to EPA's federal compliance methods," said Lankford. "Today's Supreme Court decision will mean higher utility bills for Oklahomans in the days ahead with no corresponding benefit to health."

Under EPA's Regional Haze rule and the Clean Air statute, states have the opportunity to create their own compliance procedures. The State of Oklahoma created a plan to comply with the rule, which EPA rejected. Oklahoma ratepayers will ultimately be on the hook for EPA's refusal to defer these decisions to the states.

In the 112th Congress, the House passed and Rep. Lankford supported the Stop the War on Coal Act in a vote of 232 to 175. The bill included a Regional Haze Regulatory Relief Amendment by Rep. Gosar (R-Ariz), which would have allowed states affected by EPA's regional haze rule, including Oklahoma, to reject the overreaching federal regulations and replace them with compliant state solutions within two years. The Congressman delivered a speech on the House floor in favor of the Regional Haze amendment. To watch Lankford's September 2012 floor speech in support of a Regional Haze amendment to the War on Coal Act of 2012, click here.

"The vast majority of House-passed legislative efforts to reduce excessive federal regulations and allow American families to keep lower utility costs continue to sit on Majority Leader Reid's desk. Senate Democrats clearly prefer Washington regulations over state solutions, and the people hurt the most are the poor and those on a fixed income," observed Lankford.

According to reports of analysis by the U.S. Energy Information Administration (EIA), retail power prices will rise four percent on average over the next year, which constitutes the largest increase since 2008. By 2020 retail energy prices are expected to increase an additional 13 percent, not including the cost of new energy rules like the regional haze compliance issue now facing Oklahoma energy customers with today's Supreme Court decision.

"Coal is the backbone of electricity in the United States. As we work to diversify our energy portfolio, we cannot ask Americans to pay more simply because this Administration wants more control over American energy. Oklahoma utility companies continue to fight the good fight for their customers to ensure they will receive the greatest value on their electricity. With today's SCOTUS decision, hard-working Oklahoma families will pay more each month for their electricity, despite their state officials and utility companies proactively working to prevent cost increases. This type of environmental policy is federal overreach at its worst.

"I am extremely disappointed the Supreme Court rejected AG Pruitt's appeal against EPA's hypocrisy before the Court. As Oklahoma works to comply with the new federal Regional Haze requirements, I will continue to work at the congressional level to fight EPA's burdensome regulations, which create added stress on struggling Oklahoma families," concluded Lankford.

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