State appeals ruling that invalidated carbon cap rule

Associated Press

OLYMPIA — Washington state regulators have asked the state’s highest court to review a lower court ruling that blocked a major state effort to cap carbon pollution from major industrial emitters.

The Department of Ecology approved the so-called Clean Air Rule in 2016 requiring refineries, fuel distributors and dozens of other major industrial emitters to reduce their carbon pollution over time.

Gov. Jay Inslee, who has made climate change a signature issue, directed the state agency to come up with the rule after failing to persuade state lawmakers to pass climate legislation.

The Association of Washington Business, several utilities and others sued the state in 2016, arguing the agency exceeded its authority in passing the rule without legislative approval.

In an April order, a Thurston County judge found that the rule exceeded statutory authority and invalidated it. Ecology said Monday it believes it acted within its authority.