The DOJ states that the EPA Assistance to States with Clean Power Plan Implementation Complies with Law

The U.S. EPA’s (“EPA”) ongoing assistance to states implementing the Clean Power Plan under the new EPA rule has been reviewed by the DOJ for compliance with the U.S. Supreme Court’s decision to stay the rule. Under the stay issued by the U.S. Supreme Court, the EPA is enjoined from implementing the Clean Power Plan. The DOJ has determined that states are not enjoined by the Supreme Court’s decision, and, therefore voluntary request from individual states for assistance in implementation. Clean Power Plans do not rule afoul of the U.S. Supreme Court’s stay on implementing the rule.

The EPA’s Clean Power Plan (RIN2060-AR33) sets carbon dioxide emission limits for existing power plants, which would ultimately be administered by state regulators.

For more information, please contact Phillip Hoover or Steve O’Day.

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