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Two Environmental Court Losses for Attorney General Drummond
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Two Environmental Court Losses for Attorney General Drummond

Stronger dollar led to lower oil prices on Friday

Two Environmental Court Losses for Attorney General Drummond

Oklahoma Attorney General Gentner Drummond suffered two court losses on Friday, both in cases involving energy-related issues.

First, an Oklahoma County judge granted a permanent injunction against the state’s Energy Discrimination Elimination Act. Drummond defended himself against it in May when the same judge temporarily suspended the controversial law.

But Drummond’s participation in a lawsuit brought by a coalition of GOP attorneys general to block the EPA’s new pollution standards for power plants also ended in a loss, as a federal appeals court unanimously dismissed the lawsuit. The three-judge panel of the Court of Appeals for the D.C. Circuit instead agreed with Environmental Protection Action that its new standards are required under the Clean Air Act.

Drummond was one of 27 Republican attorneys general who asked for a delay in the plan. But the appeals court denied them, writing that “plaintiffs have not shown that they are likely to succeed on (their) claims, given the record in this case. Nor does this case raise an important issue under West Virginia v. EPA … because the EPA has only claimed authority to ‘set emissions limits under Section 111 based on the application of measures that would reduce pollution by causing the regulated source to operate cleaner,’ a type of conduct well within the EPA’s domain.”

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