Indiana Environmental Protection Agency
Indianapolis Power & Light’s Harding Street Station quit burning coal in 2016. The change to natural gas reflects the greening of the energy industry. (IL File Photo)
Described as the “jewel” of President Barack Obama’s legacy to curb climate change, the Clean Power Plan was not much of a surprise when the final version of the regulation was unveiled in October 2015.
The groundwork for the new rule was laid after the U.S. Congress failed to pass the Lieberman-Warner Climate Security Act in 2008. In July of 2008, the U.S. Environmental Protection Agency issued an advance notice of proposed rulemaking that outlined how the department could regulate greenhouse gases under the Clean Air Act.
However, the Clean Power Plan, which seeks to reduce greenhouse gases by imposing caps on states regarding carbon dioxide emissions, has incited a backlash that began before the rule was even published in the Federal Register. A coalition of states, including Indiana, unsuccessfully tried to derail the plan before the final version was set. The United States Court of Appeals for the District of Columbia Circuit found the challenge was premature and declined to hear arguments.
The day the final version of the Clean Power Plan was published, the coalition, which has since grown to at least 26 states, filed a petition for review in the D.C. Circuit Court, charging the rule exceeds the EPA’s statutory authority. The lawsuit, State of West Virginia, State of Texas, et al. v. United States Environmental Protection Agency, et al., 15-1363 is fourth in a string of cases dating back to 2007 that have battled the EPA’s attempts to regulate greenhouse gases by using the Clean Air Act.
Faegre Baker Daniels LLP environmental attorney H. Max Kelln said the Clean Air Act is not well-suited to address greenhouse gases. Established in 1970, the CAA aimed to reduce acid rain and smog
which were directly linked to serious health problems. Greenhouse gases were not part of the Act’s agenda.
“The EPA is trying to fit a square peg into a round hole by applying a decades-old Clean Air Act to a very new environmental issue, ” Kelln said, adding the only way to address climate change is for Congress to create a new regulatory scheme.
A new kind of regulation
For the Clean Power Plan, the EPA is tapping Section 111(d), a little-used portion of the CAA, to cover greenhouse gas emissions from power plants. The plan does not mention coal but the fossil fuel is a central focus of the regulation because meeting the carbon dioxide emissions standards almost certainly would require states to severely curtail, if not altogether stop, the use of coal to generate electricity.
Massachusetts v. EPA, 549 U.S. 497 (2007), established the federal agency can regulate greenhouse gases through the Clean Air Act. However, the goal of the Clean Power Plan is a “substantial restructuring” of the electric power industry, said Chicago attorney Christopher Townsend, who leads the team of energy lawyers at Quarles & Brady LLP. That is a much greater goal than the objectives of previous EPA regulations.
Indiana and the other states argue that through the Clean Power Plan, the EPA is forcing them to restructure their electrical grids. A federal administrative agency is attempting to make states develop energy policies that favor renewables over coal but, traditionally, only the states have had the authority to determine which sources will be used to generate energy within their borders.does development mean progress how far london to rome how much equipment has lost who owns businesses why startup repair windows 7 what entrepreneur qualities how project management improves an organization s success is it mandatory for teachers to join accredited professional teacher organizations what's start up who solution for covid 19 how teaching styles affect learning entrepreneur who started with nothing what device is this mac address who technology transfer hub how much london broil for 8 adults who roadmap ventilation what technology can mennonites use whose business is best how startup stock options work where's the london bridge in arizona where's the london bridge in arizona when technology pushes the boundaries of art why technology favors tyranny what equipment needs to be returned to directv who designs homes why technological and institutional reforms are required how many product owners per developer who solution focused brief therapy where to develop 35mm film cheap who business is best when solution is simple god is answering why design systems how much entrepreneurs earn in india where is development geography when device is offline where to design a logo how entrepreneur helps society how teaching styles affect learning why design systems what entrepreneur do where is tommy from design inc whose product is a maximum what device is 7000x why technology roadmap is important how far london to usa what manufacturer makes genesis how many science passages are on the act who system of government what system does the us use where london is located why technology favors tyranny what solutions are there for climate change device locations how often technology changes how much project manager salary when engineering day is celebrated how much design patent cost from where i get product key when startup menu how device storage how entrepreneur think who teaching staff how much management consultants make why design thinking is important which science is the easiest how system bet works where workers may get the shaft when solutions of kcl and pb no3 2 are mixed where to develop photos near me how many technology are there in the world how often should you use stim where's video manager on youtube how system works where to teach driving near me where london is located in world map where to eat london which technology is used to adjust weegy entrepreneur who failed then succeeded what workers want where to produce music where to solve math equations how to start online startup startup who is agent stroud whose science whose knowledge where to check company registration where to buy business casual clothes where product key windows 7 where is product key where device manager windows 10 startup where is izzy where to find system properties in windows 10 why design is important how london became londongrad where is apple research and development located how london got its name where the london is located from where manager derive performance expectation how many technologies for t4 lords mobile when device is in vr means in hindi who technology transfer ppt where from lg company whos london boy about where science meets art when engineering started where does technology comes from playtech which device performs the function of determining how many teaching vacancies in florida what equipment is exclusive to kevesi soldiers solution where concentration how much products cost how system restore windows 10 where's waldo solutions how many tech companies are in the bay area why product design is important how much london broil for 8 adults who management of dehydration how much entrepreneur make a year