Governor Matt Mead voiced his support of the initial step taken by the Environmental Protection Agency (EPA) today to rescind the Clean Power Plan (CPP). EPA Administrator Scott Pruitt signed the notice of proposed rulemaking which formally begins the process of repealing the CPP. Wyoming has objected to the plan since it was issued in 2014.
“The process that gave us the Clean Power Plan was flawed and the rule itself is flawed,” said Governor Mead. “As I’ve said all along, the agency overstepped its authority in creating this rule. It is overly burdensome for industry and removes regulatory authority from the states. We now have an opportunity to work with the EPA as the process goes forward. I appreciate Administrator Pruitt taking this action – it is important and a catalyst for growth.”
Under the CPP, Wyoming would have to reduce its carbon dioxide emissions by 44%. Last year, the U.S. Supreme Court granted a stay and stopped implementation of the rule while a lower court considered a lawsuit filed by Wyoming and 26 other states to strike it down. The states argued the EPA did not have the proper authority to issue the rule; the Clean Power Plan would take authority away from states to regulate in-state power generation and transmission; and the final rule was substantially different from its draft version – a violation of the Administrative Procedure Act.
A 60 day comment period begins once the latest rule to repeal the CPP has been published in the Federal Register. Comments can then be submitted at http://www.regulations.gov.