Despite Court Stay, Clean Power Plan Continues to Unfold

Filed in Codes and Standards, Environment, Legal by on November 14, 2016 0 Comments

electrical wiriesThe Environmental Protection Agency (EPA) has submitted the latest Clean Power Plan-related final rule to the White House Office of Management and Budget for review.

The agency is seeking approval to move ahead with the final model trading rules for the Clean Power Plan, even though the U.S. Supreme Court stayed implementation of the underlying regulation to reduce carbon emissions from power plants.

EPA has maintained throughout the regulatory process that it has continued its work on the rule to ensure that states are prepared if the stay is lifted and the Clean Power Plan goes into effect. In addition, some states have chosen to move forward with actions in line with the regulation’s requirements despite the stay being in effect. The agency sees its actions as necessary assistance to these states.

States will not be required to adopt the model trading rules under review. However, they may follow these guidelines in developing their own plans should the stay be lifted and the rule take effect. At a minimum, the model rules will serve as a guide for states on the provisions EPA wants to see included in state plans.

The Supreme Court ruled in February to stay implementation of the regulation pending resolution of litigation brought by states and industry organizations. The full U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in September in the litigation and a decision is expected in 2017.

For more information, contact Tamra Spielvogel at 202-266-8327.

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