The Road Ahead for the Clean Power Plan
Twenty-five thousand Public Citizen activists joined the 2 million Americans who submitted comments in support of the Environmental Protection Agency’s proposed Clean Power Plan, giving the proposal to cut carbon pollution from power plants strong public support.
Next stop: a final plan. Over the next 7 months, the EPA will review the comments, incorporate them into the proposal and issue a final Clean Power Plan.
But there’s going to be some hostile terrain along the way.
Congressional Republicans who have a majority in both houses and the dirty-energy allies who spent hundreds of millions of dollars to get them there have already signaled that they will do everything in their power to stop the centerpiece of U.S. action on climate.
Here is a closer look at 3 tactics that will likely be deployed to derail the Clean Power Plan:
Using spending bills to deflate regulatory action
Likely Senate Majority Leader, Mitch McConnell (R-KY) has vowed to derail Environmental Protection Agency regulatory efforts through the appropriations process – saying that he feels a “deep responsibility” to stop the power plant regulations, and that his top priority will be “to try to do whatever I can to get the EPA reined in.”
Appropriation bills must be passed to keep the government running. The GOP is expected to attach riders to federal spending bills that would defund EPA’s power plant rules. Which means Republicans may be willing to risk a government shutdown in order to cripple EPA regulations intended to protect our air and slow down disastrous climate disruption. Mitch McConnell’s “deep responsibility” is seriously misplaced and a downright dangerous position considering what’s at stake.
Using the Congressional Review Act to block implementation of the Clean Power Plan
The Congressional Review Act (CRA) is a rarely invoked law that allows lawmakers to repeal a regulation with a simple majority vote. But that could change. Mitch McConnell has already attempted to use the CRA to force a vote on the EPA’s regulations on – not yet finalized – new power plants and we are likely to see it dusted off and used again to try to block the EPA’s Clean Power Plan, which addresses carbon pollution from existing power plants.
Using congressional committees to attack and delay clean air and climate regulations
Come January the senator who once called the EPA a Gestapo bureaucracy and believes climate change is a hoax will take over leadership of the Senate’s top environmental committee. It a scenario appropriate only for Alice in Wonderland. But for Senator James Inhofe, he will use his new role to – as one reporter put it – carry water for the fossil-fuel industry, smear climate scientists, and do everything else in his considerable power to prevent the country and the world from confronting the slow motion crisis of climate change.
When it comes to the EPA’s Clean Power Plan, Inhofe has been very clear about his intentions to open investigations on the EPA and tie up the committee with hearings intended to disparage the agency’s proposed clean air regulations.
Clear the Road
The bottom line is Republicans probably do not have the votes to repeal the EPA regulations, but they will use every power they can muster to launch a full-scale attack on the EPA in an attempt to delay, defund and otherwise vilify the agency and its actions on climate change. But these strategies represent more than chest pounding and the wasteful obstructionism that has become the norm. Each vote, hearing and procedural trick gives the GOP a megaphone to hammer on and repeat their false and dangerous rhetoric on climate change and the Clean Power Plan, which over time could potentially wear down Obama’s resolve, weaken the EPA’s position and negatively influencing public opinion.
But what we need is to start drastically reducing the amount of carbon we are pumping into our gasping atmosphere. And we need to do it yesterday. Efforts – regardless of their nature – to stop or delay our plan to rein in climate disrupting pollution should be met with mass public outrage and demands to clear the way for bold aggressive climate action.
Allison Fisher is the Outreach Director for Public Citizen’s Energy and Climate Program


December 6, 2014 @ 10:55 am
What gives these people , who are supposed to represent us , the right to foul our air , water and
earth ?
How can they be so in need of the trappings of their office(s) to court disastrous pollution ?
They should be held liable for their atrocious deeds !
December 6, 2014 @ 12:52 pm
Does anyone see any way to combat these obstructionist tactices, other than to veto the relevant appropriations bills, thus risking a government shut-down? If a shut-down were to occur, the Republicans would blame the Obama administration, and they’d probably get such an accusation to stick. And the veto of an appropriations bill only addresses the first tactic – the flat tire.
December 6, 2014 @ 3:11 pm
Americans are tired of Congress (funded by lobbyists) destroying our country, and not taking the responsibility of providing the clean energy that we need. It’s time for them to truly represent citizens, or get out of the way.
December 7, 2014 @ 12:25 pm
Stop playing games with the lives of the citizens of this country & DO THE RIGHT THING!
December 7, 2014 @ 1:31 pm
If legislators like Mr. Inhofe publically state that they will spend a great bit of time trying to unravel the EPA, and also say that climate change is a hoax——–what happens when natural or man- made disasters come into his state? Will he expect the taxpayers of the nation to repair his state if his denials of climate change contributed to causing the disaster?
Will Mr. McConnell do the same, and what will he expect for the citizens of his state if more tornadoes, , floods, storms, and hey, will the old New Madrid quake ——-that never seemed to end——- hit that part of the nation again?
If the EPA becomes an empty shell, what can the citizens of those states expect? What can the citizens of any state expect? If pollition from one state crosses into a other state——-who is responsible for cleaning it up? ( I am thinking of the piles of petcoke in Michigan. )
Will citizens all be required to buy more and more private insurance for everything? Will the new health care that many seem to want to disassemble be able to keep up with breathing problems, asthma, and cancer and heart problems, along with depleted soil problems?
If some of elected people continue to try to take down the EPA, what help can the citizens of their own states expect———will corporate people be the exception here too and be exempt from responsibility? ( I’m thnking of the company named Freedom and the disaster in W. Virginia.)
I am also wondering what close assocuations with sone of the corporate people will bring and can such electeds have a conflict of interest with corporate people whose business can often undermine their own state or even the whole nation? When do an elected person’s personal associations and personal benefits trump the rights of the citizens they represent? Or-is that not supposed to happen—ever?
I do try to read and reread what the Constitution says, and read the vatious opinions, but lately——it seems like trying to fathom what it says is like opening a box of Cracker Jacks——- sometimmes there’s a nice prize and sometimes , it just seems like an insult!