Judge dismisses Nebraska’s EPA lawsuit

OMAHA, Neb. — A federal judge has dismissed Nebraska’s lawsuit against the federal Environmental Protection Agency over greenhouse gas standards for new power plants.

Nebraska Attorney General Jon Bruning filed the lawsuit in January, saying “the impossible standards imposed by the EPA will ensure no new power plants are built in Nebraska.”

The EPA’s proposed rule would set limits on the amount of carbon dioxide new plants will be allowed to emit, essentially requiring any new coal plants to install expensive carbon-capture technology.

On Monday, U.S. District Judge John Gerrard granted the EPA’s request for summary judgment, saying Nebraska “jumped the gun” with the lawsuit, because the EPA rule has not been finalized.