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Industry and government leaders in North Dakota issued statements applauding the Environmental Protection Agency's repeal on Monday, Sept. 14, of a power plant greenhouse gas rule that they say would have forced the closure of the state’s coal-fired electrical generation plants.
"This is a huge win for anyone who cares about having power when they need it. The Biden administration’s Clean Power Plan 2.0 was so disconnected from science and reality, it was dangerous," Congresswoman Julie Fedorchak, R-ND, said. "Prematurely closing power plants at a time when power demand is surging is irresponsible and reckless. The increase in costs this plan caused will be felt for many years to come, but halting it now is a win for affordability and reliability."
The EPA first proposed repealing the regulation in June 2025, citing its impact on electricity affordability and grid reliability. Monday's final action removes the Biden administration's greenhouse-gas emissions requirements for existing coal-fired power plants and new natural-gas plants.
The Lignite Energy Council (LEC) commended the EPA for its final repeal of major portions of the 2024 greenhouse gas regulations for existing coal-fired power plants, along with its proposal to rescind the remaining greenhouse gas standards for the power sector. The LEC said the action restores regulatory certainty for the state's coal fleet and the communities that depend on it, while reaffirming that a stronger, more affordable electric grid and continued environmental progress can move forward together.
The 2024 rule required coal plants intending to operate past 2038 to achieve 90% carbon capture by Jan. 1, 2032, or face requirements tied to an earlier retirement. In North Dakota, where the lignite industry supports roughly 12,000 jobs and $5.5 billion in economic activity, the forced early retirement of even one plant would have rippled through mines, contractors and the local tax bases that fund schools and infrastructure, according to LEC.
Jonathan Fortner, LEC president and CEO, said the repeal is not a retreat from environmental responsibility. It corrects a rule structured in a way that made compliance nearly impossible, he said. He noted there were not enough qualified carbon capture suppliers worldwide, not every plant sits on geology suited to permanent CO2 storage or near the needed pipeline infrastructure, and the technology itself had not been proven at full commercial scale on the aggressive schedule the rule demanded.
"Repealing an unworkable mandate does not mean walking away from environmental progress," Fortner said. "North Dakota is one of only four states that have never violated federal EPA ambient air quality standards. Our state is home to some of the nation's most active carbon capture research and demonstration work. We've invested years of effort and significant resources into advancing carbon capture, utilization and storage because we believe it can play an important role in the long-term future of coal. But carbon capture cannot be treated as a one-size-fits-all federal mandate on a timeline the technology and the supply chain cannot support."
U.S. Sen. Kevin Cramer, R-ND, chairman of the Senate Environment and Public Works Subcommittee on Transportation and Infrastructure, attended the EPA announcement at the G20 Energy Abundance Ministerial Meeting in Houston. He lauded it as "an example of the Trump administration's EPA restoring cooperative federalism and scientific rigor to the regulatory process. The repeal ends the previous administrations' assault on affordable, reliable energy and avoids the collateral damage it would have done to thousands of workers employed by North Dakota's lignite industry, but the greatest impact will be felt by families and businesses who will no longer have to foot the bill for this illegal rule."
He said coal production for power-sector use is projected to increase by more than tenfold with the rule repeal.
"Repealing this overreaching rule is a win for U.S. energy dominance and will help American families have access to the affordable and reliable baseload power provided by coal," said U.S. Sen. John Hoeven, R-ND, a member of the Senate Energy and Natural Resources Committee. "The Supreme Court found that this regulation falls far outside of the legal authority provided to the EPA by Congress. That's why we continually pushed back on this federal overreach.”
"Repealing this misguided rule lifts a cloud of uncertainty for our coal-fired power plants and the communities and workers they support, allowing them to continue producing affordable, reliable electricity in an environmentally responsible manner," Gov. Kelly Armstrong said.
Former North Dakota governor and current U.S. Secretary of the Interior Doug Burgum, who chairs the National Energy Dominance Council, said the rule reversal "restores efficiency to our energy sector and allows our vital resources to be used for the benefit of the American people."
The repealed rule was first imposed in 2015 under the Obama administration. The state of North Dakota and industry groups challenged the rule, ultimately taking the case to the U.S. Supreme Court. In 2022, the Court struck down the Clean Power Plan in West Virginia v. EPA, ruling the agency had exceeded its authority by effectively forcing a shift in the nation's energy mix without clear authorization from Congress. Despite the ruling, the Biden administration later pursued a similar approach.