Clean Power Plan Faces an Uncertain Future

by Emily Audet

The EPA’s Clean Power Plan (CPP), an enforcement plan of the Clean Air Act, establishes caps to carbon dioxide emissions of current power plants [https://www.law360.com/articles/880858/epa-denies-bids-to-reconsider-or-stay-clean-power-plan]. The CPP has been controversial since its beginning. In December 2016, Texas and West Virginia led 24 states in urging President Trump to overturn the CPP [http://voices.nationalgeographic.com/2017/01/05/fate-of-the-clean-power-plan-remains-uncertain/]. In response, many states and cities requested the preservation of the plan.

The implementation of the CPP is on hold as of January 2017 by order of the Supreme Court as the D.C. Circuit Court of Appeals reviews the legality of the plan, which could take days to years [https://www.scientificamerican.com/article/what-could-replace-the-clean-power-plan/].

On January 13, 2017, the EPA denied the majority of petitions challenging the plan or asking for a suspension of the plan’s implementation. The EPA claims that many of the petitions rejected by the EPA on January 13th raised similar issues to petitions included in the comment period of the CPP’s proposal. Of the 38 petitions asking for revisions of the plan, the EPA retained only 7 for further review. All 22 of the petitions advocating for a suspension of the CPP were rejected by the EPA on the grounds that the Supreme Court’s stay of the plan already achieves this end.

As of January 2017, the CPP’s future grows even more murky as it gets swept up in the uncertainty around environmental regulations in the new Trump administration. Throughout his campaign, Trump claimed that he would overturn the CPP, and an executive order from Trump could end the CPP, even before the courts release an official ruling on the plan. Scott Pruitt, the head of the EPA under the new Trump administration, has expressed his opinion that the EPA’s strategy to lower carbon emissions should focus on individual technology innovations in firms to decrease emissions, rather than encouraging firms to move from coal to other, cleaner forms of energy, which the CPP currently does. If the new administration tried to weaken the CPP, environmental non-profits would likely bring the plan to court. If the CPP is overturned, the EPA continues to hold the authority to implement the Clean Air Act through other vehicles. As of January 2017, the EPA offers resources and other forms of support for states to implement similar regulations on the state-level [https://www.epa.gov/cleanpowerplan/clean-power-plan-existing-power-plants].

 

Rodriguez, Juan Carlos. “EPA Denies Bids To Reconsider Or Stay Clean Power Plan.” Law 360. N.p., 13 Jan. 2017. Web. 24 Jan. 2017. https://www.law360.com/articles/880858/epa-denies-bids-to-reconsider-or-stay-clean-power-plan

Profeta, Tim. “Fate of the Clean Power Plan Remains Uncertain.” National Geographic. N.p., 5 Jan. 2017. Web. 24 Jan. 2017. http://voices.nationalgeographic.com/2017/01/05/fate-of-the-clean-power-plan-remains-uncertain/

Holden, Emily. “What Could Replace the Clean Power Plan?” Scientific American. N.p., 23 Jan. 2017. Web. 24 Jan. 2017. https://www.scientificamerican.com/article/what-could-replace-the-clean-power-plan/

US EPA. “Clean Power Plan for Existing Power Plants.” EPA. N.p., 12 Jan. 2017. Web. 24 Jan. 2017. https://www.epa.gov/cleanpowerplan/clean-power-plan-existing-power-plants

 

 

 

Last Ditch Effort to Block Clean Power Plan

by Katy Schaefer

In August of 2015, the Obama Administration finalized what has come to be known as the Clean Power Plan. This controversial plan aims to reduce CO2 emissions by 32% from 2005 levels by 2030. Each site would have different requirements of how, and how much it needs to reduce, but plans for how to meet this goal must be submitted in 2016. If everything goes well, implementation is expected to begin by 2022. However, 27 states, led by West Virginia have a problem with this plan, and are doing everything they can to stop it in its tracks. Continue reading

How the Clean Power Plan May Actually Become America’s First Real Clean Energy Law

by Jesse Crabtree

The Clean Power Plan is an attempt by the Environmental Protection Agency (EPA) and President Barack Obama to reduce carbon emissions from US power plants. According to the Union of Concerned Scientists, power plants make up 40% of all U.S. carbon emissions—more than all our cars and planes combined. The plan seeks to cut energy carbon emissions 30% by 2030, a number that some are calling “ambitious” or as Senate Majority Leader Mitch McConnell says, a form of climate radicalism. On the other hand, many followers of the plan have argued that the plan is actually quite weak in its goals. According to Polito.com, market shifts towards renewable energy, towards low-carbon natural gas, and a general reduction in electricity demand have already brought the U.S. almost halfway to that goal of 30%. Continue reading