Dive Brief:

• Kansas Gov. Sam Brownback (R) has signed legislation which directs the state to "develop a cost-effective and reliable compliance plan" for the EPA's proposed Clean Power Plan, despite the state's ongoing lawsuit against the federal government's emissions regulations. 
• Several GOP governors, particularly from conservative states like Kansas, have indicated their states may not comply with the Obama administration's proposed carbon regulations, but the bill Brownback signed last week authorizes the state's Department of Health and Environment as well as utility regulators to work together developing a compliance plan.
• While signing the legislation, Brownback said the Clean Power Plan was the result of an administration "trying to rush out a rule while they’re still in power." Failure of the state to submit a state compliance plan would have resulted in the EPA imposing a federally-designed plan on the state, should the rule be upheld in court and implemented. 

Dive Insight:

With the EPA set to announce its finalized Clean Power Plan regulations in August, states opposed to the proposed emissions mandates are struggling with how to stake out their position. While 15 states have challenged the legality of the plan, which aims to cut U.S. CO2 emissions 30% by 2030, a number of them involved in the lawsuit are struggling internally as to whether they will develop state compliance plans or risk the EPA imposing one on them. 

To that question, Kansas Gov. Brownback has signed legislation which directs the state to develop a compliance plan, but requires the plan be "cost-effective."

As he signed the bill, The Topeka Capital-Journal reported Brownback desribed the Clean Power as federal overreach and said “we just need to protect the rights of the state of Kansas and its residents from the continued pattern of federal intrusion and overreach.”

Some critics of the proposal believe states cannot be forced to comply because it would violate the 10th Amendment, and some states have indicated they intend to refuse to comply. Sen. Mitch McConnell (R-Ky.) has suggested states not submit plans, but only a handful of states — Kentucky, Oklahoma and Texas among them — have indicated serious support for refusing to develop reduction strategies.