Office of the Attorney General
Attorney General Conway, Indiana Attorney General Zoeller Join Multistate Legal Challenge to EPA Rules

Press Release Date:  Wednesday, August 05, 2015  
Contact Information:  Leland Hulbert
Deputy Communications Director

Today Attorney General Jack Conway (D) and Indiana Attorney General Greg Zoeller (R) announced their support for a series of legal actions a bipartisan group of states will take to stop the latest Greenhouse Gas (GHG) rules issued by the Environmental Protection Agency (EPA).

Generals Conway and Zoeller joined attorneys general from 13 other states today in asking the EPA to halt implementation of the rules by filing an administrative stay with that agency.  The group will also take legal action soon in the D.C. Circuit seeking to delay the September 6, 2016, deadline for states to submit compliant plans to the EPA.  The group will also challenge the legality of the rule itself.

“I am proud to partner with our neighboring states and friends across the aisle to fight this job-killing rule. I sued to stop this rule when it was first proposed.  Now that it has come out in its final form, we will continue to challenge it aggressively at every opportunity.  I believe, once again, the courts will rule that the EPA has overstepped its authority,” said Attorney General Conway. “I have challenged the President in the past and won - that is just what I plan to do in this case. This is about the future of our Commonwealth and ensuring that our state doesn’t bear the brunt of an ill-conceived Washington, D.C. regulation that hurts Kentucky coal and Kentucky jobs.”


“The Obama administration's claim that the Clean Air Act of 1970 provides the new legislative authority for the EPA to regulate the entire electrical power generation of our country, on top of the regulation by the Department of Energy, is an extreme executive overreach of its authority. Simply said, the President cannot write new laws instead of Congress. Both of our states have every right to question EPA’s actions, and I’m pleased to join my colleagues from other states on a bipartisan basis in raising this question to the federal court,” said Attorney General Zoeller, whose office represents Indiana state government in legal proceedings.

The bipartisan group of states seeking a stay from the EPA include: Indiana, Kentucky, West Virginia, Alabama, Arizona, Arkansas, Kansas, Louisiana, Nebraska, Ohio, Oklahoma, South Dakota, Utah, Wisconsin and Wyoming.

For background, Indiana Attorney General Zoeller’s statement of Monday in reaction to the EPA plan is at this link:


Kentucky Attorney General Conway’s statement of Monday is at this link: