New Regulations Proposed by the U
MEMO
To: Jesse Kharbanda, Hoosier Environmental Council Executive Director
From: L. David Cohen, Senior Program Associate
Date: April 23, 2015
Re: EPA Regulations for Carbon Dioxide
The following memo pertains to new regulations proposed by the U.S. Environmental Protection Agency (EPA) under the Obama Administration’s Clean Power Plan that are designed to cut carbon dioxide (CO2) emissions from new and existing coal-fired power plants.
On August 1, 2014, the State of West Virginia, joined by Alabama, Indiana, Kansas, Kentucky, Louisiana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, and Wyoming files a petition requesting the U.S. Court of Appeals in Washington, D.C. “to declare illegal a settlement agreement in which the EPA promised to issue its now-pending rule concerning existing coal-fired power plants.” In the ongoing case of State of West Virginia, et al. v. U.S. Environmental Protection Agency, the settlement committed the EPA to impose regulations on carbon dioxide emissions from existing coal-fired power plants under Section 111(d) of the Clean Air Act (CAA)i. The Petitioners state that the agreement is illegal because of existing regulations for coal-fired power plants under a different section of the CAA. The law prohibits the double regulation of these power plants.
In response to the imposed regulations, two bills were introduced to the 2015 Session of the Indiana General Assembly that aimed to protect the state’s sovereignty and police power authority. House Bill (HB) 1290, which died in the House Environmental Affairs Committee, nullifies all regulations imposed by the EPA in Indiana. The Bill also cites the Indiana Department of Environmental Management (IDEM) as the sole department responsible for protecting human health and the environment in Indiana. iiPending Senate Bill (SB) 569 was introduce shortly after and states that IDEM may examine the implications of the newly-proposed CO2 regulations but may not begin preparing for nor
To: Jesse Kharbanda, Hoosier Environmental Council Executive Director
From: L. David Cohen, Senior Program Associate
Date: April 23, 2015
Re: EPA Regulations for Carbon Dioxide
The following memo pertains to new regulations proposed by the U.S. Environmental Protection Agency (EPA) under the Obama Administration’s Clean Power Plan that are designed to cut carbon dioxide (CO2) emissions from new and existing coal-fired power plants.
On August 1, 2014, the State of West Virginia, joined by Alabama, Indiana, Kansas, Kentucky, Louisiana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, and Wyoming files a petition requesting the U.S. Court of Appeals in Washington, D.C. “to declare illegal a settlement agreement in which the EPA promised to issue its now-pending rule concerning existing coal-fired power plants.” In the ongoing case of State of West Virginia, et al. v. U.S. Environmental Protection Agency, the settlement committed the EPA to impose regulations on carbon dioxide emissions from existing coal-fired power plants under Section 111(d) of the Clean Air Act (CAA)i. The Petitioners state that the agreement is illegal because of existing regulations for coal-fired power plants under a different section of the CAA. The law prohibits the double regulation of these power plants.
In response to the imposed regulations, two bills were introduced to the 2015 Session of the Indiana General Assembly that aimed to protect the state’s sovereignty and police power authority. House Bill (HB) 1290, which died in the House Environmental Affairs Committee, nullifies all regulations imposed by the EPA in Indiana. The Bill also cites the Indiana Department of Environmental Management (IDEM) as the sole department responsible for protecting human health and the environment in Indiana. iiPending Senate Bill (SB) 569 was introduce shortly after and states that IDEM may examine the implications of the newly-proposed CO2 regulations but may not begin preparing for nor