Bicameral bill from Miller, Capito blocks EPA proposal to shut down coal, gas power plants

U.S. Rep. Carol Miller (R-WV) and U.S. Sen. Shelley Moore Capito (R-WV) on Monday proposed bicameral legislation that would prevent the Environmental Protection Agency (EPA) from implementing a recently proposed rule that they say would force the closure of coal- and gas-fired power plants.

Specifically, the Protect Our Power Plants (POPP) Act, H.R. 4038/S. 1923, outlines the illegalities of the EPA’s proposal, which the lawmakers say would restrict power generation at new and existing facilities.

If enacted, the measure states that Congress has not provided the EPA with authorization for its proposed rule entitled “New Source Performance Standards for Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule,” issued on May 23.

“The proposed rule… is intended to completely reshape the electricity grid and therefore has vast economic and political significance,” according to the text. 

The bill states that the EPA administrator “may not finalize, implement, or enforce” the agency’s proposed rule related to new source performance standards and emissions guidelines for greenhouse gas emissions from certain stationary sources.

Rep. Miller on June 12 sponsored H.R. 4038; the measure has four Republican cosponsors, including U.S. Reps. Dan Newhouse (R-WA) and Guy Reschenthaler (R-PA).

“The Environmental Protection Agency has overstepped their role and is waging war on power plants across the United States,” Rep. Miller said. “The Biden administration and Washington Democrats continue to shut down domestic energy production in the name of their Green New Deal agenda while the United States should be focused on maintaining its energy dominance.”

“The Protect Our Power Plants Act is a needed check on Washington Democrats’ radical environmental policies and promotes American energy production,” said Rep. Miller.

Also on Monday, Sen. Capito sponsored the same-named S. 1923 alongside original cosponsor U.S. Sen. Steve Daines (R-MT).

“With its Clean Power Plan 2.0, the Biden administration has made it quite clear they intend to ignore the Supreme Court’s ruling in West Virginia v. EPA, put the people who help power our nation out of work, and increase energy costs for millions of Americans,” Sen. Capito said. “In the face of this illegal overreach, Congresswoman Miller and I are standing up for workers and families in energy-producing communities across the country, including those in West Virginia. 

“The Protect Our Power Plants Act would maintain America’s status as a leading global energy producer and prevent the EPA’s current proposal from inflicting further damage on our state,” said Sen. Capito.