President Trump’s Environmental Protection Agency (EPA) will soon propose repealing the Obama administration’s Clean Power Plan (CPP) “in its entirety,” saying that it “is not within Congress’s grant of authority to the agency under the governing statute.”
“The EPA is proposing to repeal the CPP in its entirety,” the agency writes.
“The EPA proposes to take this action because it proposes to determine that the rule exceeds its authority under the statute, that those portions of the rule which arguably do not exceed its authority are not severable and separately implementable, and that it is not appropriate for a rule that exceeds statutory authority — especially a rule of this magnitude and with this level of impact on areas of traditional state regulatory authority — to remain in existence pending a potential, successive rulemaking process.”
The Hill added:
The administration is expected to roll out the proposed repeal as early as Friday, which would open what is certain to be a fierce regulatory battle over the limits of the EPA’s authority and its responsibility to fight climate change.
The regulation was the pillar of Obama’s aggressive second-term climate agenda, in which he sought to take unilateral actions to fight climate change after Congress refused to pass cap-and-trade legislation.
It then become central to Republicans’ and the business community’s arguments that the Obama administration went too far with regulations. EPA Administrator Scott Pruitt, who was Oklahoma’s Republican attorney general before Trump became president, was a leading figure in the federal court fight to get the rule overturned.
The Trump administration’s argument against the CCP is largely centered on it being overly broad and outside the agency’s authority.
However, supporters of the climate change rule disagree with this argument, saying the rule is permissible by law.
The Natural Resources Defense Council called Trump’s proposal a “dirty power plan.”
“We already knew Donald Trump and Scott Pruitt reject science, but this smearing of the Clean Power Plan’s massive public benefits shows they reject basic math, too,” Liz Perera, the climate policy director at the Sierra Club said. “The Trump administration’s assault on the Clean Power Plan is about one thing and one thing only: helping corporate polluters profit.”
The EPA said it “will solicit information on systems of emission reduction that are in accord with the legal interpretation proposed in this notice,” though that process is likely to be a lengthy one, and therefore setting up a contentious fight over how strictly to regulate climate change-causing pollutants.