Clean Power Plan - Work Continues Despite Stay

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Even though the U.S. Supreme Court has stayed the implementation of EPA’s Clean Power Plan, planning continues at the state level on carbon emission reduction strategies.  EPA continues to work on both the Clean Energy Incentive Program, a program designed for states to earn carbon credits by building renewables early in low income communities, and the model carbon trading rules.  Wind and solar interests keep pushing their agenda citing affordability and job creation. 

Finally, and perhaps most telling, almost 30 states are either moving forward with their carbon reduction planning or assessing their strategies for developing their plans.  Moreover, it has been reported that about 30 states have achieved more than half of their carbon emission reductions needed by the Clean Power Plan’s first interim compliance date (2022) and 20 states have already achieved more than half of their carbon emission reductions needed by the Clean Power Plan’s final compliance date (2030).  Thus, while the Clean Power Plan litigation continues at the D.C. Circuit level this summer, EPA, states and other stakeholders continue to move forward with carbon emission reduction planning.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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