Tuberville, Colleagues Propose Measure to Halt Regulation on American Power Plants

WASHINGTON – U.S. Senator Tommy Tuberville (R-AL) joined Senator Shelley Moore Capito (R-WV) and their Senate colleagues in presenting a formal challenge to the Biden administration’s regulations intended to shut down American power plants through a Congressional Review Act (CRA) joint resolution of disapproval. This final rule risks the security of the electric grid and hinders America’s future power capacity.

The resolution comes after the Environmental Protection Agency (EPA) issued its final rules that impose unrealistic emissions requirements on existing coal-fired power plants and newly constructed gas-fired power plants. This attempt to force the closure of power plants that supply America’s baseload electricity was previously tried under President Obama and overturned by the Supreme Court in West Virginia v. EPAa complete disregard for the judicial system.

“Joe Biden seems to think he’s above the law,” said Senator Tuberville. “This outrageous rule violates a Supreme Court ruling and goes well beyond what Congress has allowed. It shuts down coal and gas-powered plants and increases energy costs for all Americans. This is the exact opposite of what we need right now. We need to unleash American energy production, not strangle it with regulations that have no basis in either law or science.”

Senator Tuberville was joined by Senators John Barrasso (R-WY), Marsha Blackburn (R-TN), John Boozman (R-AR), Mike Braun (R-IN), Katie Britt (R-AL) Ted Budd (R-NC), Bill Cassidy (R-LA), John Cornyn (R-TX), Tom Cotton (R-AR), Kevin Cramer (R-ND), Mike Crapo (R-ID), Ted Cruz (R-TX), Steve Daines (R-MT), Joni Ernst (R-IA), Deb Fischer (R-NE), Lindsey Graham (R-SC), Bill Hagerty (R-TN), Josh Hawley (R-MO), John Hoeven (R-ND), Cindy Hyde-Smith (R-MS), John Kennedy (R-LA), James Lankford (R-OK), Mike Lee (R-UT), Cynthia Lummis (R-WY), Joe Manchin (I-WV), Roger Marshall (R-KS), Markwayne Millin (R-OK), Lisa Murkowski (R-AK), Pete Ricketts (R-NE), Jim Risch (R-ID), Mike Rounds (R-SD), Marco Rubio (R-FL), Eric Schmitt (R-MO), Rick Scott (R-FL), Tim Scott (R-SC), Dan Sullivan (R-AK), John Thune (R-SD), Thom Tillis (R-NC), J.D. Vance (R-OH), Roger Wicker (R-MS), and Todd Young (R-IN) in cosponsoring the resolution.

This legislation is supported by National Rural Electric Cooperative Association (NRECA), US Chamber of Commerce, National Mining Association (NMA), National Association of Manufacturers (NAM), America’s Power, American Chemistry Council (ACC), Industrial Energy Consumers of America (IECA), American Petroleum Institute (API), American Fuel & Petrochemical Manufacturers (AFPM), American Iron and Steel Institute (AISI), American Forest and Paper Association (AF&PA), Western Energy Alliance, American Coal Council, Energy Policy Network, Reliable Energy Inc., Women’s Mining Coalition, West Virginia Manufacturers Association, Gas and Oil Association of West Virginia (GOWV), West Virginia Coal Association, West Virginia Public Service Commission, Ohio Chamber of Commerce, Ohio’s Electric Cooperatives, Ohio Manufacturers Association, Ohio Independent Power Producers, Ohio Oil and Gas Association, Pennsylvania Coal Alliance, Montana Coal Council, Texas Mining Association, Utah Mining Association, Kentucky Coal Association, Illinois Coal Association, Wyoming Mining Association, Rocky Mountain Mining Institute, American Electric Power, Buckeye Power, Duke Energy, PBF Energy, South Dakota Public Utilities Commission, Competitive Enterprise Institute (CEI), Citizens for Responsible Energy Solutions (CRES), Institute for Energy Research, Power the Future, Heritage Action, Conservative Political Action Coalition, Americans for Prosperity, American Energy Institute, American Consumer Institute, Americans for Tax Reform, ALEC Action, Taxpayers Protection Alliance, and Small Business & Entrepreneurship Council.

Full text of the Senate resolution can be found here


In June 2022, the Supreme Court ruled against the EPA in the West Virginia v. EPA case, solidifying that the EPA overstepped its legal authority on a “major question” without direction by Congress. However, in May 2023, the EPA blatantly disregarded this ruling and proposed another rule requiring a generational shift from fossil-fuel power to other types of energy. The proposed rule identifies a “best system of emission reduction” and imposes strict carbon capture and sequestration initiatives that are not feasible or maintainable. It would deteriorate electricity reliability at a time when our energy grid is already struggling to meet demand.

In August 2023, Senator Tuberville joined his colleagues in sending a letter to EPA Administrator Michael Regen requesting the withdrawal of the proposed rule.


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Senator Tommy Tuberville represents Alabama in the United States Senate and is a member of the Senate Armed Services, Agriculture, Veterans’ Affairs, and HELP Committees.