2013 News Releases

AG Schmidt: Supreme Court to hear another challenge to EPA regulations

Release Date: Oct 18, 2013

TOPEKA – (October 18, 2013) – The U.S. Supreme Court this week agreed to hear a challenge to new EPA greenhouse gas regulations that Kansas and other states say were unlawfully imposed, Kansas Attorney General Derek Schmidt said.

The Court on Tuesday agreed to hear Texas v. EPA, which challenges the authority of EPA to extend new regulations affecting motor vehicle emissions to also regulate stationary sources, such as factories and power plants. Kansas had joined in asking the Court to hear the Texas challenge, which was consolidated with several other challenges to the new regulation.

“Even if EPA followed the correct process in imposing new regulations on automobiles, we don’t think that gives it authority to impose new regulations on stationary sources,” Schmidt said. “The rule-making process is designed to ensure input from interested parties, and there are significantly different interests involved in the effect of regulation on cars as compared with that on stationary sources. The new regulations would impose new compliance costs on state regulators, utilities and manufacturers, all without input from the states as the law contemplates, and those costs will ultimately be passed on to Kansas taxpayers, ratepayers and consumers.”

Oral argument in the case is expected next spring. This is the 12th Supreme Court case in which Kansas is involved during this term, which began October 7 and is expected to run through June.

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News releases issued prior to 2011 are available through an archive hosted by the Kansas State Library.