EPA Help on Clean Power Plan Is Legal, Cruden Says

coal fired power plant may 16

The Environment Protection Agency's ongoing assistance to states with Clean Power Plan implementation is likely fully compliant with the law, John Cruden, assistant attorney general for the Justice Department's Environment and Natural Resources Division, said Thursday.

The assistance, which EPA says is in response to voluntary requests from states, doesn't violate the U.S. Supreme Court's decision to stay the rule because states are not enjoined, Cruden said at an enforcement seminar hosted by Morgan, Lewis and Bockius LLP. States are legally able to prepare for implementation, he said.

“The United States is enjoined from implementing the Clean Power Plan, and we're not doing that,” Cruden said. “But I actually think we're in complete compliance. As you would imagine, that would matter to us that we're in compliance with what the Supreme Court says.”

The EPA's Clean Power Plan (RIN:2060-AR33) sets carbon dioxide emissions limits for the existing fleet of power plants, which would be administered by state regulators.

Bloomberg BNA reporter Brian Dabbs has the story for subscribers, EPA Help on Clean Power Plan Is Legal, Cruden Says.