Giving Credit Where Credit is Due

Deck: 

Ensuring State Emission Reduction in Clean Power Plan

Fortnightly Magazine - July 2016
This full article is only accessible by current license holders. Please login to view the full content.
Don't have a license yet? Click here to sign up for Public Utilities Fortnightly, and gain access to the entire Fortnightly article database online.

The Supreme Court's stay of the Clean Power Plan has exposed an uncomfortable dilemma. States that continue to transition to lower carbon generation may be penalized if the Environmental Protection Agency, EPA, fails to credit any reductions states achieve in the interim.

Regardless of the steps EPA may take in response to the ultimate resolution in the courts, any action must credit states for carbon reductions achieved while the fate of the plan remains uncertain.

This commitment would promote cooperation and coordination among EPA and the states consistent with cooperative federalism principles. And will likely yield more innovative solutions to the nation's most pressing environmental concerns.

There obviously is uncertainty with respect to the steps EPA will take in the event changes to the plan are required.1 This may result in a change to the compliance dates and/or changes to the carbon reduction goals.

As part of its deliberations, EPA also may consider setting a year subsequent to 2012 as the baseline year. However, updating the baseline would disregard all reductions states made in the interim, in effect penalizing them for being leaders in carbon reduction.

This full article is only accessible by current license holders. Please login to view the full content.
Don't have a license yet? Click here to sign up for Public Utilities Fortnightly, and gain access to the entire Fortnightly article database online.