Last month, a majority of the states sued the federal government over the so-called Clean Power Plan, the centerpiece of President Obama’s climate agenda. As the states explained, the president’s carbon regulation “unlawfully expands the federal government’s regulatory power over electricity production and consumption in nearly every State.” The suit will wind its way through the courts, with legal resolution years away.
Although legal challenges are necessary, they are not enough. If states have any chance of defeating the EPA’s attempt to take control over our energy choices, they must mobilize all three branches of government.
The EPA’s carbon regulation forces states to reduce carbon dioxide emissions by 32 percent, on average, by 2030. The limits are so strict that many states will be forced to shut down affordable energy sources, mandate more-expensive sources, and join regional cap-and-trade schemes — all of which will drive up energy prices, to the detriment of the poor and middle class.
States have responded by suing the Obama administration and requesting a stay of the rule. And while legal scholars across the political spectrum agree that the EPA has a weak case, pinning our hopes on a legal victory is a mistake. In fact, it is a mistake the EPA is counting on states to make.