ALEC is the association of state lawmakers dedicated to free markets, limited government, and federalism. RASP instructs state agencies
(1) not to prepare to implement EPA’s
until the rule’s legality has been fully r
esolved in courts, and (2) not to expend funds to execute a CPP implementation plan until committees of jurisdiction in the state legislature approve the plan.
NRDC reportedly asserted that the RASP Act would “paint states into a corner.” If I catch the d
rift, NRDC argued that states will eventually have to comply with the CPP, so if a state refuses to submit its own implementation plan, EPA will impose a federal plan without input from state officials. Message: Resistance is futile -- it will only make matters worse! That is baloney. Unlike all previous EPA rules requiring states to adopt emission performance standards
for “existing” stationary sources under §111(d) of the Clean Air Act, CPP performance standards cannot
be achieved by requiring owners or
operators to install specific control technologies at “designated facilities” —
a power clearly within EPA’s jurisdiction.
Rather, CPP standards can be achieved only by enacting and/or amending state electricity laws and regulations. Only state lawmakers and agencies acting pursuant to state statutes have such authority. If
states ‘just say no,’ EPA is out of luck.
EPA cannot impose its own plan, because the agency has no authority to enact or amend state renewable energy requirements, generation fleet dispatch policies, or demand-reduction incentives like rebates for programmable thermostats.
Peter Glaser points out, EPA cannot even threaten to punish the state with loss of highway funding, because the Clean Air Act does not authorize sanctions for failure to comply with §111(d). The states are well advised to sit tight and let litigation sort out the legal issues, as the RASP Act advises.
Around the World
Myron Ebell
COP-20 Begins in Lima
The twentieth Conference of the Parties (COP-20) to the UN Framework Convention on Climate Change began on Monday, 1st December and is scheduled to end on Friday, 12th December.
This year’s
meeting is in Lima, Peru. COP-20 is the midway point in negotiations that began last year in Warsaw and are scheduled to conclude next December in Paris on a new international agreement to reduce greenhouse gas emissions to replace the Kyoto Protocol. Expectations for the big conference are all over the board. Chief U. S. negotiator Todd Stern is optimistic because of the momentum created by the Obama-Xi Jinping deal announced in Beijing last
month. Rupert Darwall writing in the Wall Street Journal (access to a limited number of articles each