Michigan Withdraws from Clean Air Act Cases

Contact: Kelly Rossman-McKinney 517-373-8060

January 22, 2019

LANSING - Michigan Attorney General Dana Nessel has filed motions to withdraw from four federal lawsuits against the Environmental Protection Agency (EPA), originally filed by her predecessor. 

At Nessel’s direction, the state is withdrawing from the following cases:

  • West Virginia, et al v EPA, et al, (Case No. 15-1363) challenges the Clean Power Plan rules governing greenhouse gas emissions from existing power plants.
  • North Dakota v EPA (Case No. 15-1381) challenges the Clean Power Plan rules governing greenhouse gas emissions from new power plants;
  • Murray Energy Corporation v EPA (Case No. 16-1127) challenges a supplemental finding by the EPA related to the rules governing the emissions of mercury and other hazardous and toxic substances from power plants, referred to as the EGU-MATS rule; and
  • American Petroleum Institute v EPA (Case No. 13-1108) challenges the rules governing the emission of methane from oil and gas operations. 

“Under my watch,” said Nessel, “Michigan will not be a party to lawsuits that challenge the reasonable regulations aimed at curbing climate change and protecting against exposure to mercury and other toxic substances.”

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