Clean Power Plan
A year ago, the Clean Power Plan (CPP) – a federal rule aimed at curbing greenhouse gas emissions from existing fossil-fuel burning power plants – was in peak health. The rule had been finalized by the U.S. Environmental Protection Agency (EPA). Several states were on their way to preparing their initial plans for complying with the CPP. The EPA had begun gathering public input on draft documents that would supplement the rule, including the Clean Energy Incentive Program, Model Trading Rules and Evaluation, Measurement and Verification (EM&V) Guidance for Demand-Side Energy Efficiency. Despite the chill of winter, there was no lack of CPP-activity.
What a difference a year can make!
On February 9, the U.S. Supreme Court issued a stay of the Clean Power Plan (CPP) in a 5-4 decision. The court’s decision does not overturn the CPP, nor decide the legal merits of the challenges brought against the U.S. Environmental Protection Agency (EPA) for issuing the CPP. Rather, the court’s decision stalls the implementation of the CPP while lawsuits challenging the legality of the plan are adjudicated by the D.C. Circuit Court of Appeals.