Central ND News

The Lignite Energy Council and the National Rural Electric Cooperative (NRECA) have filed a Petition to Review in the D.C. Circuit Court of Appeals against the U.S. Environmental Protection Agency’s (EPA) new Mercury and Air Toxic Standards (MATS). This petition marks the initial step in litigation against the rule, which was finalized at the end of April and aims to tighten emission standards for mercury and non-mercury metals from existing lignite-fired power plants.

Since 2010, mercury emissions from coal-fired power plants have been reduced by 90%, and non-mercury metals by more than 81%. The lignite industry plays a significant role in North Dakota’s economy, contributing over $5.75 billion annually and accounting for 55% of the state's electricity generation in 2022. The EPA’s final MATS rule is viewed as a threat to both the stability of the U.S. power grid and the economic viability of coal-fired power plants due to increased costs.

U.S. Senator Kevin Cramer (R-ND), a member of the Senate Environment and Public Works Committee, expressed support for the legal action taken by the Lignite Energy Council and NRECA.

“The Biden administration’s Mercury and Air Toxic Standards are onerous and costly, showing their real goal is to kill reliable, affordable coal,” said Cramer. “The American public is already paying drastically more for less dependable energy, and this regulation will accelerate grid unreliability across the country. North Dakota’s coal industry must be protected from those who wish to regulate it out of existence. I commend the Lignite Energy Council and the National Rural Electric Cooperative Association for taking legal action against this discriminatory rule.”

Coal plants have invested significantly in technologies to reduce pollutants. However, under this stricter rule, these facilities will now face additional costly regulations that threaten their operational viability.

Senator Cramer and U.S. Representative Kelly Armstrong (R-ND) had previously sent a letter to EPA Administrator Michael Regan requesting either withdrawal or substantial revision of the proposed regulation rule. In their letter, they highlighted concerns about its potential impact on North Dakota's lignite coal fleet.