U.S. EPA Prepares to Defend White House Clean Power Plan

Within hours of the U.S. Supreme Court’s decision halting the Carbon Dioxide Standards implementation under the Clean Air Act (the “Act”), the U.S. EPA began to prepare their public defense of the plan.  EPA Administrator Gina McCarthy said in a February e-mail to all staff, the day after the Supreme Court issued its stay, that “the rule fits squarely within the four corners of the Clean Air Act – a statute we have been successfully implementing for 45 years.”  Other internal e-mails from senior EPA officials have expressed surprise at the U.S. Supreme Court’s decision, but have quickly emphasized that the decision would not stop action to address climate change.

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