Dive Brief:
- Conservative advocacy group American Energy Alliance has been working to stop state efforts on Clean Power Plan compliance, helping to push legislative efforts to restrict spending while the rule is tied up in the courts.
- The U.S. Court of Appeals for the District of Columbia will hear arguments June 2 over the plan's legality, and the U.S. Supreme Court has blocked implementation until a final decision is rendered.
- ClimateWire reports AEA has been working with the State Policy Network on legislative plans and has been successful in restricting funding in Virginia, Colorado and Wyoming.
Dive Insight:
While many states have continued to work on Clean Power Plan compliance while the rule is tied up in the courts, a few states have passed – and more are considering – legislation that would restrict spending money on the rule until its legal status has been confirmed.
According to ClimateWire, AEA has been successful in getting measures passed in Virginia, Colorado and Wyoming, while four others (Minnesota, Missouri, New Hampshire and Kansas) have efforts pending.
Many expect the rule will ultimately be decided by the U.S. Supreme Court, which earlier this year stayed the plan's implementation.
The federal government filed its final defense of the Clean Power Plan in the U.S. Court of Appeals for the District of Columbia last week, and oral arguments kick off in a month. The U.S. Environmental Protection Agency argued the "broad statutory language" of the Clean Air Act "shows that Congress was directing EPA to consider a wide range of measures to reduce emissions from sources."
The Clean Power Plan is targeting a 32% reduction in carbon emissions from the power sector nationwide by 2030, but the Supreme Court halted the rule's implementation in February while the Circuit Court considers challenges.
