Mission Statement
Staff and Board
Speakers Bureau
Policy Papers
In the Media
Links
What's New
Contact Us
Home Page
Enter your eMail below to join our mailing list.
Enter Your eMail:

-Remove me!
 



Reserving the Right to Object
Pennsylvania Should Hit the Brakes as the Supreme Court Stays EPA's Clean Power Plan
February 15, 2016 - By John Pippy, Pennsylvania Coal Alliance

On February 9, in an unprecedented and historic move, the Supreme Court of the United States stayed the keystone to President Obama's climate legacy, the Clean Power Plan.

The stay on the Clean Power Plan is in effect until legal challenges have been determined and halts the timeline on state plan submissions. Oral arguments before the D.C. Circuit Court of Appeals begin June 2 and include lawsuits filed from 27 of the 47 states that are subject to the regulation, 24 national trade associations, 27 rural electric cooperatives, 10 major companies and three labor unions.

This was not the first or second legal slap on this agency's wrist. The EPA has recently been the recipient of a number of unfavorable legal decisions; including a June 2015 decision by the U.S. Supreme Court that remanded the Mercury and Air Toxics Standards (MATS) rule back to the D.C. Courts citing EPA's lack of consideration for the costs to utilities and consumers, and an October 2015 decision by the Sixth Circuit of the U.S. Court of Appeals mandating a stay of the EPA's Clean Water Rule (WOTUS) pending conclusive determination of the legality of the rule.

These regulations have become less about setting achievable industry goals and more about forcing federal oversight into areas which state primacy has previously presided. Irreparable harm during the plan development phase must be proven for a stay to be levied. The stay is intended to alleviate the obligation for states to develop compliance plans, thereby avoiding the associated development costs and economic impacts given the Clean Power Plan's significant legal uncertainty.

The stay was a vital win as it took lawsuits against the Mercury Air Toxics Standard three years to wind through the courts before the regulation was finally remanded. Unfortunately, the ruling came too late and the regulation had forced offline 20 percent of Pennsylvania's coal customer base and shuttered several hundred jobs in the power plant sector alone.

The Supreme Court's stay on the Furthermore, given Pennsylvania's current fiscal status, there are serious concerns regarding the resources that will be wasted attempting to develop a compliance plan, at the expense of the taxpayers, for a rule that may significantly be altered or thrown out entirely by the Federal Courts.During PA DEP's open comment period and 14 statewide listening sessions, companies responsible for 73 percent of Pennsylvania's electric generation publicly asked DEP to consider the costs and take advantage of the full three years in developing a state compliance plan.

Pennsylvania ranks first and second nationally in energy production and exports. Despite the industry's importance to the Commonwealth for sales revenue, jobs and the economy, the Wolf Administration has rushed to be first on this issue, maintaining that they would forgo the available two-year extension on submitting a compliance plan and now allocating resources and man hours to develop a plan for a regulation that, by Supreme Court ruling, cannot be complied with.

Pennsylvania's energy landscape will continue to develop and evolve, but for now, decisions should appropriately be left to the Commonwealth's state and local officials and not federal agencies using regulations to force policy decisions on the state level.

We urge the Wolf Administration to cease all processes for compliance plan development until the final legality of the Clean Power Plan is decided.

Watch John Pippy discuss this and other issues on Pennsylvania's energy needs on Behind the Headlines beginning at 14:07.

https://www.youtube.com/watch?v=G6suKV0SMe8&feature=youtu.be

Nothing contained here should be considered as an attempt to aid or hinder the passage of any legislation.

The views expressed here are those of the author and not necessarily those of The Susquehanna Valley Center.


Pennsylvania Should Hit the Brakes as the Supreme Court Stays EPA's Clean Power Plan
February 15, 2016 - By John Pippy, Pennsylvania Coal Alliance
COLWYN, PENNSYLVANIA: THE TOWN THAT CAN'T SEEM TO GOVERN ITSELF
By Daniel C. Vock
Going the Distance for Business Competitiveness
January 8, 2016 - By David N. Taylor
CLIMATE DATA SHENANIGANS FROM WOLF AND OBAMA
December 4, 2015 - Provided by The Pennsylvania Manufacturers' Association
Pennsylvania Wrongly Endorses Carbon Rules: Other States Prepare Legal Action
August 13, 2015 - By The Pennsylvania Manufacturers' Association
National Civil War Museum: An Asset To Be Appreciated
August 10, 2015 - By David A. Atkinson
To Create Better Jobs and Schools Governor Wolf Needs a Robust Healthcare Industry
July 13, 2015 - By Andy Carter
The EPA's "Clean Power Plan" Will Have Far Reaching Negative Impacts on the Economy and Middle Class
June 24, 2015 - By Charles E. Greenawalt, Ph.D., Senior Fellow
Stop The EPA's War Against The Poor
June 19, 2015 - By Dr. Shawn Ritenour, Ph.D.
New Energy Taxes Will Cost Pennsylvania Jobs
June 18, 2015 - By Earl Baker
How Come Our Cash-Strapped Universities in the US and England Can Afford So Many Administrators?
June 10, 2015 - By Melanie McDonagh
Closed Primaries Give Voters Clearer Choices in Elections
June 2, 2015 - By Ann Womble
We Must Save The Syrian City of Palmyra Or The Maniacs Will Raze Civilisation
May 22, 2015 - By Boris Johnson
Yes, Pennsylvania There is a Pension Crisis - Now What Are We Going to Do About It?
May 20, 2015 - By Charlie Gerow
Another Look at Downsizing the State Legislature
April 22, 2015 - By Charles E. Greenawalt II, Ph.D., Senior Fellow
What Would Nixon Do?
April 16, 2015 - By Ben Stein
Say Thanks to Your Township Supervisor!
April 7, 2015 - By David M. Sanko
The Knights Templar Shows How to Fight ISIS and Win
March 26, 2015 - By Andrew L. Peek
Should Congress Pass the 'Authorization to Use Military Force' as Proposed by President Obama?
March 1, 2015 - By Charles E. Greenawalt, Ph.D., Senior Fellow
Pipelines Will Help Lead to America's Energy Independence
January 21, 2015 - By Richard Filling
Municipal Pensions: The Rest of the (Untold) Story
January 16, 2015 - By David M. Sanko
New Report Shows PA Hospitals Are Saving More Lives Than Ever
December 18, 2014 - By Hospital and Healthsystem Association of PA
New Poll Finds Pennsylvanians Concerned About Proposed EPA Power Plant Regulations
October 22, 2014 - By Partnership for a Better Energy Future
Obama is Risking A U.S. Ebola Outbreak For His Own Ambitions
October 17, 2014 - By Liz Peek, The Fiscal Times
Page 1 of 18