The election results have raised serious doubts about the future of President Obama’s Clean Power Plan (“CPP” or “Plan”). During the campaign, President-elect Trump repeatedly moved to kill the Plan outright.
There are, of course, many legal complexities associated with the requirements of the Clean Air Act and federal administrative procedure. Observers differ about the options available to the new administration, and about whether the Plan will actually be repealed or simply modified to some extent. [Read More]
A Member of Practice Groups LeadershipMarch 10, 2016
On February 23, 2016, the Chairman of the Senate Environment and Public Works Committee, Sen. James Inhofe (R-OK), joined by 204 other Members of Congress, filed an amicus brief with the D.C. Circuit in opposition to EPA’s Clean Power Plan. The brief argues, among other things, that the Clean Power Plan violates the Clean Air Act’s foundational principle of cooperative federalism... [Read More]
In a significant setback to the Obama administration’s climate agenda, five Supreme Court justices prevented the Clean Power Plan from taking effect until after a challenge from 25 states, four state agencies, and dozens of industry groups until the review in the courts has been completed. Chief Justice John G. Roberts and Justices Samuel A. Alito, Jr., Anthony M. Kennedy, Antonin Scalia, and Clarence Thomas voted to stay the implementation of the rule, while 4 others would have denied the challengers’ application for a stay. [Read More]
That was the banner headline in Alaska newspapers on August 3, when EPA announced its Clean Power Plan, exactly four weeks before President Obama used a trip to Alaska to tout its benefits. I was in Fairbanks that day, and what made the Plan so popular among Alaskans seemed not to be the climate benefits, but the total absence—for them—of any costs. The president also exempted his home state of Hawaii from having to comply. Officially EPA says it “lacks sufficient information” to put these two states on a carbon diet, but the truth is likely the opposite: the small, isolated power grids in these states render the costs of compliance, and the adverse environmental consequences, all too easy to see. ... [Read More]