Kentucky coal producers’ association urges courts to affirm the EPA’s repeal of overreaching emissions guidelines

In 2024, the Environmental Protection Agency (EPA) reshaped the American energy economy without congressional authorization. In its 2024 Carbon Pollution Standards for Fossil Fuel-Fired Electric Generating Units, the EPA enacted an expansive set of constraints on fossil fuel-based power plants that threatened to shut down the businesses creating abundant, affordable energy across the country.

In September 2026, the agency reversed course and repealed the emissions rule—publicly recognizing that it was unachievable and imposed unreasonable costs on American energy producers. But that relief was quickly put at risk by a lawsuit asking the court to reverse the repeal and once again impose the overreaching 2024 emissions rule.

Representing coal producers across the state, the Kentucky Coal Association (KCA) partnered with Pacific Legal Foundation to intervene in the lawsuit in support of the repeal. KCA argues that the agency lacked congressional authority to impose such sweeping restrictions on energy producers in the first place, making the emissions rule an unconstitutional exercise of legislative power.

If the repeal is overturned by the court, KCA warns that its members will bear the financial consequences from forced closures of plants that cannot meet standards the EPA itself has stated are unattainable. And with fewer energy producers able to operate, Americans will be forced to rely on more expensive, unreliable sources to meet their energy needs.

Restoring constitutional limits on agency power is essential to an abundance-oriented energy policy—one that encourages innovation, affordability, and reliable domestic energy production for all Americans.