NAHB last week filed a petition with the U.S. Court of Appeals for the D.C. Circuit, challenging the denial of a Clean Air Act petition for reconsideration it filed in 2016 concerning the Environmental Protection Agency’s (EPA) Clean Power Plan rule and signaling to the D.C. Circuit that more litigation is forthcoming.
When NAHB filed its litigation challenging EPA’s Clean Power Plan, it also filed an administrative petition for reconsideration with EPA concerning an initiative that appeared in the final Clean Power Plan Rule known as the Clean Energy Incentive Program (CEIP).
EPA included the CEIP as a means for states to generate “early action” credits to use in meeting the rule’s greenhouse gas emissions targets. The EPA, however, never proposed this program, and when it was promulgated with the final Clean Power Plan Rule, EPA said the details and implementation plan would be finalized at a later date.
NAHB from the beginning urged EPA to re-propose the entire CEIP concept. However, the agency instead has tried to solicit comment on parts of the CEIP ─ first on an informal basis and finally bowing to the pressure of groups like NAHB in a formal rulemaking.
That rulemaking, however, was not finalized before President Trump took office, but NAHB’s petition for reconsideration, along with more than 60 other petitions, was denied during the last days of the Obama administration.
For more information, please contact Amy Chai at 800-368-5242 x8232.