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The Clean Power Plan: Continuing Momentum after the Supreme Court’s Stay

The Supreme Court’s February 9 stay of the Obama Administration’s Clean Power Plan may have removed the states’ immediate compliance obligations, and it will undoubtedly remove some pressure for action in states resistant to change.  Nonetheless, the extensive data and fundamental state and regional planning processes generated by the Clean Power Plan (the Plan) may continue to bear fruit even as the Plan remains in legal limbo.

The Clean Power Plan has already triggered progress.  To determine feasible reductions on existing power plants, EPA spearheaded extensive analyses of regional capacities to shift to less-polluting natural gas and to develop renewables.  In addition, EPA gathered detailed information on the demographics around existing power plants to help states assess the environmental justice implications of their energy choices.  EPA’s research and the resulting data can provide essential information for state and federal policies regardless of the Plan’s status.

The Clean Power Plan also set state and regional comprehensive low-carbon energy planning in motion, and it is conceivable that at least some of that momentum will continue.  The Plan highlighted the regional nature of the grid and pushed states to consider how their low-carbon energy choices could be expanded by both in-state and out-of-state reduction opportunities.  Breaking through the silos that have often divided environmental regulators and energy planners, the Plan required cooperation and the development of integrated strategies, cooperation that might endure regardless of the Plan’s requirements.

To be sure, states fundamentally resistant to reducing carbon, like states committed to continued reliance on coal-fired power due to their political and economic reliance on an in-state resource, are unlikely to continue energy planning that would require them to take advantage of lower-carbon out-of-state resources or invest in renewable energy.  Nonetheless, if states continue to make use of EPA’s data and continue the momentum created by already-initiated integrated planning efforts, EPA’s efforts may not have been entirely in vain.

Also read Victor Flatt's response to the Supreme Court's stay.

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Alice Kaswan | February 10, 2016

The Clean Power Plan: Continuing Momentum after the Supreme Court’s Stay

The Supreme Court’s February 9 stay of the Obama Administration’s Clean Power Plan may have removed the states’ immediate compliance obligations, and it will undoubtedly remove some pressure for action in states resistant to change.  Nonetheless, the extensive data and fundamental state and regional planning processes generated by the Clean Power Plan (the Plan) may […]

Victor Flatt | February 10, 2016

Supreme Court Stays Clean Power Plan

In a surprising moves to legal experts, the Supreme Court yesterday in a 5-4 ruling stayed the implementation of the EPA’s Clean Power Plan (CPP) supporting greenhouse gas reductions at fossil fuel fired power plants.  The move was surprising because the Supreme Court rarely involves itself in the determinations of whether or not a temporary […]

Matthew Freeman | February 4, 2016

New CPR Analysis: Chesapeake Bay TMDL Failure Looms

NEWS RELEASE: Analysis of EPA TMDL Data Documents Looming Failure by Chesapeake Bay States to Meet 2017 Pollution-Reduction Goals In Report & Letters to EPA and Governors, CPR Authors Call on Bay States to Step Up, and on EPA to Begin Enforcement Actions A new analysis from the Center for Progressive Reform concludes that the efforts […]

Daniel Farber | January 28, 2016

Legacy Goods and the Environment

The value of some goods like wilderness today depends on their futures. Normally, economists imagine, equal experiences become less valuable as they recede further into the future.  But some types of goods don’t have that kind of relationship with future experiences.  They can become more valuable as they extend farther into to the future. Take […]

James Goodwin | January 20, 2016

Senate Antiregulatory Package Bill is Selling Corporate Welfare, But the New York Times Editorial Page Isn’t Buying

Still just a few weeks into the new year, both chambers of Congress are making it clear that attacks on our system of regulatory safeguards will remain a top priority in 2016.   The GOP-controlled House of Representatives has already passed—along partisan lines—two antiregulatory measures, and the Senate appears poised to follow suit with their own […]

Evan Isaacson | January 13, 2016

Maryland’s Pressing Stormwater Infrastructure Needs

The water crisis in Flint, Michigan, is a tragic reminder of the hidden costs of our nation’s failing infrastructure.  Whether through benign neglect or deliberate “starve the beast” cost-cutting measures, we are continually seeing the costly and sometimes terrible consequences of failing to meet our infrastructure financing needs.  The American Society of Civil Engineers gave […]

Thomas McGarity | January 13, 2016

President Obama’s Progressive Vision for the Future

President Obama devoted his final state-of-the-union speech to highlighting his administration’s considerable accomplishments, and, more importantly, to articulating a surprisingly robust progressive vision for the future. And that vision properly included a large role for federal regulation.  Noting that “reckless Wall Street,” not food stamp recipients, caused the financial meltdown of 2008-09, the President predicted, […]

| January 12, 2016

Delmarva CAFO Expansion Continues Despite Calls for a Moratorium

Last September, the Environmental Integrity Project put a spotlight on the dramatic increase in the number of industrial scale poultry houses being established on the Delmarva Peninsula.  In its report, More Phosphorus, Less Monitoring, the organization found that more than 200 new chicken houses had been permitted on the peninsula since November 2014, including 67 […]

Daniel Farber | January 4, 2016

Key Environmental Developments Ahead in 2016

Here are seven of the most important developments affecting the environment. 2015 was a big year for agency regulations and international negotiations. In 2016, the main focal points will be the political process and the courts. Here are seven major things to watch for.  The Presidential Election. The election will have huge consequences for the environment. A Republican […]