What else can one say about the authors of the so-called Clean Power Plan? On August 3, 2015, EPA promulgated a sweeping new regulatory scheme to control virtually all aspects of energy generation, distribution, and use in the United States. The rules require power plants to curtail carbon dioxide emissions by approximately 30% over the next fifteen years. The Plan was promulgated in violation of the structure, plain language, and historical context of the Clean Air Act, as well as in violation of the 10th Amendment of the United States Constitution.
Among other things, EPA’s Clean Power Plan seeks to drastically change the mix of fuels available in energy markets from fossil fuels, such as coal and natural gas, to renewables, such as wind and solar. The rules establish a system in which the grid will not be able to support electricity demand. The most benign expected results are blackouts and spiking energy costs.
Legal challenges to the Plan are being mobilized by broad coalitions of individuals, businesses, and states that will suffer the adverse consequences of such a drastic change in the energy sector of the nation’s economy. But it’s not only the economy that is being threatened. So is liberty.