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Suing States Quietly Look for Ways to Comply with Clean Power Plan

E&E News: “Legal opposition to U.S. EPA’s Clean Power Plan roared into action in recent weeks, with Mississippi being the latest of 27 states now challenging the regulation in court.”

“But a review of how all the suing states are approaching the climate rule reveals that even though a state may be litigating the Clean Power Plan, it doesn’t mean it’s not actively considering how to achieve the required emissions cuts.”

“Few suing states are not publicly discussing how they might comply with the rule; most in this category have Republican governors with presidential aspirations. And in recent weeks, the ‘just say no’ strategy encouraged by Senate Majority Leader Mitch McConnell (R-Ky.) seems to have faded away.”

“Even EPA’s staunchest opponents are saying it would be impractical to ignore the climate rule altogether.”

“Much of this is because the parties charged with actually achieving the carbon emissions reductions — air regulators, power companies and grid operators — want to know their state’s strategy might work as soon as possible.”

“In Michigan, the first state to announce it will be writing a compliance plan while suing EPA, leaders argued that this strategy will ensure that the compliance plan doesn’t end up in federal control. This decision was quickly applauded by many of the state’s power companies.”

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