Hoeven Statement on SCOTUS Decision Reining in Burdensome, Overreaching EPA Rules on Coal-Fired Power Plants

Senator Supported Petitioners, including North Dakota; Working to Ensure Nation Can Continue to Utilize its Abundant Coal Reserves

BISMARCK, N.D. – Senator John Hoeven today issued the following statement after the Supreme Court of the United States (SCOTUS) issued its opinion in West Virginia v. Environmental Protection Agency (EPA), ruling that the EPA acted outside its congressionally-granted authority by issuing burdensome, sector-wide regulations that force states to change their fuel sources for electricity generation. The decision follows an amicus brief that Hoeven and his colleagues filed with SCOTUS in December supporting the petitioners in challenging the EPA’s efforts to issue overreaching environmental rules, such as the Obama-era Clean Power Plan (CPP). North Dakota was one of 20 states that petitioned with West Virginia.

“North Dakota is a leader in producing more energy with good environmental stewardship, and it is important that states continue to have flexibility to reduce emissions in a way that maintains the affordability and reliability of the grid,” said Hoeven. “Today’s SCOTUS decision affirms our work to both reinforce the role of states as the primary regulator of energy development within their borders and to push back on the needlessly burdensome rules that the Biden administration continues to impose on our energy producers.”

Today’s decision aligns with Hoeven’s long-term efforts to ensure the U.S. can continue utilizing its abundant coal reserves to help ensure the reliability and affordability of the electrical grid, while supporting innovative technology to improve environmental stewardship. This includes: 

  • Advancing efforts to crack the code on carbon capture, utilization and storage (CCUS) technologies.
  • Cosponsoring and helping pass resolutions to repeal the burdensome EPA rules. The resolutions were subsequently vetoed by President Obama.
  • Supporting the implementation of the Affordable Clean Energy (ACE) rule under the Trump administration, which replaced the costly one-size-fits-all emissions regulations for coal power plants.
    • Hoeven also voted to uphold the ACE rule when a resolution to overturn it was brought up for consideration by the Senate in October.