EPA Administrator Scott Pruitt proposes repeal of “Clean Power Plan”

Written By: Katherine Demetre
October 10, 2017

epa-scott-pruitt Clean Power Plan EPA Administrator Scott Pruitt EPA U.S. Environmental Protection Agency Obama Administration Trump Clean Power Plan CPP

On Oct 10, 2017, the U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt issued a Notice of Proposed Rulemaking (NPRM), proposing to repeal the Clean Power Plan (CPP). After reviewing the CPP, EPA proposed to determine that the Obama-era regulation exceeds the Agency’s statutory authority.

EPA Administrator Scott Pruitt commented:

The Obama administration pushed the bounds of their authority so far with the CPP that the Supreme Court issued a historic stay of the rule, preventing its devastating effects to be imposed on the American people while the rule is being challenged in court. We are committed to righting the wrongs of the Obama administration by cleaning the regulatory slate. Any replacement rule would be done carefully, properly, and with humility, by listening to all those affected by the rule.

Per the EPA, the CPP, issued by the Obama administration, was premised on a novel and expansive view of Agency authority that the Trump administration now proposes to determine is inconsistent with the Clean Air Act. The CPP was put on hold in February 2016, when the U.S. Supreme Court issued an unprecedented, historic stay of the rule.

“EPA will respect the limits of statutory authority. The CPP ignored states’ concerns and eroded longstanding and important partnerships that are a necessary part of achieving positive environmental outcomes. We can now assess whether further regulatory action is warranted; and, if so, what is the most appropriate path forward, consistent with the Clean Air Act and principles of cooperative federalism,” said Administrator Pruitt.

The CPP was issued pursuant to a novel and expansive view of authority under Section 111 of the Clean Air Act (CAA). The CPP required regulated entities to take actions “outside the fence line.” As the CPP departed from the traditional limit on EPA’s authority under an “inside the fence line” interpretation, EPA is proposing to repeal it.

EPA has now sent the NPRM to the Federal Register for publication. Upon publication, the public has 60 days to submit comments.

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