Online:
Visits:
Stories:
Profile image
By Competitive Enterprise Institute (Reporter)
Contributor profile | More stories
Story Views

Now:
Last Hour:
Last 24 Hours:
Total:

Trump May Have To ‘Repeal And Replace’ Another Obama Policy — The Clean Power Plan

Wednesday, February 15, 2017 8:22
% of readers think this story is Fact. Add your two cents.

(Before It's News)

The Daily Caller discusses the EPA’s Clean Power Plan with William Yeatman.

Will Yeatman, a senior fellow at the libertarian Competitive Enterprise Institute, however, said the Trump administration does have some wiggle room to avoid replacing the CPP if it’s repealed.

Yeatman said the CAA’s section 111(d) standards justifying the CPP is “arguably a non-discretionary duty without a date-certain duty.”

“So there’s a lot of leeway for the EPA to repeal the rule, and then argue that the agency faces thousands of non-discretionary duties, of which thousands are date-certain,” Yeatman told The Daily Caller News Foundation.

Yeatman’s point is, if sued over the CPP’s repeal, the Trump administration could argue in court the CAA does not set firm deadlines when it comes to regulating CO2 under section 111(d), but it does do so for other statutory duties EPA must carry out.

“In light of these responsibilities and also the agency’s limited resources, the agency could argue that it has more pressing priorities,” Yeatman said. “So that’s one way to repeal and not replace.”

But Yeatman said the easiest thing to do would be to revise the rule. He suggested issuing a rule with “inside the fenceline” measures at particular plants as opposed to “beyond the fenceline” measures requiring states to make economy-wide CO2 reductions.

“I’d limit the rule to what everyone agrees the law allows EPA to so: set “inside the fenceline” heat-rate efficiency standards for fossil fuel power plants,” Yeatman said.

“I’d prefer no regulations, of course, but if the federal government vacates the field, then I fear that a state climate tort would become more likely,” he said.

Read the full article at The Daily Caller

Date: 
Tuesday, February 14, 2017
Source: 
Referenced experts: 
William Yeatman
Media appearance type: 


Source: https://cei.org/content/trump-may-have-%E2%80%98repeal-and-replace%E2%80%99-another-obama-policy-%E2%80%94-clean-power-plan

Report abuse

Comments

Your Comments
Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

Top Stories
Recent Stories
 

Featured

 

Top Global

 

Top Alternative

 

Register

Newsletter

Email this story
Email this story

If you really want to ban this commenter, please write down the reason:

If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.