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"Clean Power Plan" Re-Draw, Constitutional-Style

January 22, 2018

 

ATLANTA, GA/WASHINGTON, DC:  Filing a critical formal public comment supporting repeal of the so-called "Clean Power Plan," SLF continues to work with the EPA to end the Obama EPA’s war on coal and fossil fuels.

 

For nearly a decade, President Obama and the EPA waged a self-proclaimed war on coal. They saw no limits to their power, running roughshod over the Constitution to issue the CPP, which purported to enact a previously undreamed of regulatory program whose avowed purpose is to compel the owners of existing power plants to invest in alternative forms of energy generation. In other words, the goal of the CPP was to kill the coal industry, usurp powers generally left to the states, and rewrite our country’s entire power grid – all at exorbitant costs to the American public.

 

As SLF points out in its numerous formal public comments and amicus briefs challenging the Clean Power Plan, the EPA simply does not have the vast authority the CPP purports to give it. First, the EPA claims that the Clean Air Act authorizes it to pursue Obama’s war on coal through any means necessary, including promulgating the “Clean Power Plan.” It does not. Rather, the provisions of the Clean Air Act squarely foreclose the regulatory overreach announced by the EPA.

 

Second, these mandates threaten the very foundations of federalism inherent in our Constitution. The federal government may not coerce the state into implementing federal regulatory programs, especially ones like this that go far beyond what the states could have foreseen under the Clean Air Act. SLF is confident that under the leadership of EPA Administrator Scott Pruitt, the EPA will return to its original mission and respect the bounds of its authority as set forth in our Constitution.

 

Click here for SLF's formal public comment on re-writing the Clean Power Plan

 

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