EPA Clean Power Plan making progress early in legal battles

January 27th, 2016 by Dakota Software Staff Industry News

The Environmental Protection Agency's (EPA) Clean Power Plan (CPP) has been controversial, as many objections have been raised to the orientation, purpose and approach of its rules. With a federal lawsuit underway and a number of state administrations opposed to the plan, the EPA's regulations could change if the case is lost or stricken from the record entirely. However, early actions in the suit and decisions related to enforcement of the CPP's rules seem to point to success, at least at this juncture. There is still plenty of legal action required before the CPP is either affirmed, changed or stricken from law.

No delays, expedited action
A recent federal court ruling means there's little chance of further delays or enforced inaction during the legal process resolving the viability of the CPP. What's more, that decision will now be expedited thanks to the same ruling. Electric Co-op Today, which represents rural power cooperatives that oppose the CPP, said the U.S. Court of Appeals for the District of Columbia made a Jan. 21 decision to reject a motion to place the plan on hold until issues with the greenhouse gas emission limits for power plants are resolved. That decision states that power producers and other stakeholders must start developing their responses to the new regulations and following them in good faith for the time being.

The Wall Street Journal said experts in the field believe this first challenge is just the beginning of what could be a year or more of time spent wrangling over the issues despite the U.S. Court of Appeals pushing for expedited resolution. Those against the CPP, like West Virginia Attorney General Patrick Morrisey, pointed to the limited nature of the appeals court's ruling and the fact that it showed no support for the actual plan as a victory. Those supporting it, like the executive branch, looked at the decision as the first of many steps toward a potential victory.

The potential for the CPP to succeed against its legal challenges and come into full effect is real, and both businesses and state governments must consider the ramifications of the plan should that occur. For those organizations affected by the CPP, clear understanding of regulations and the support of effective environmental management software is crucial.