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West Virginia Solicitor General Elbert Lin discussed how the Clean Power Plan imposed by the Environmental Protection Agency (EPA) would dramatically alter power generation. The remarks were made during a presentation made to Americans for Prosperity on August 21st in Columbus, Ohio during the Defending the American Dream Summit.
Lin is the lead attorney in a 16 state lawsuit filed against EPA on August 5th over the radical regulatory scheme. The lawsuit alleges EPA overstepped its limited authority when it created CPP and violated not only the Clean Air Act, but the U.S. Constitution as well.
States are being required to reduce emissions from coal-fired power plants by 32 percent from year 2005 levels by the year 2030. All states are required to turn in a preliminary emissions reduction plan by September 6, 2016. States have until 2018 to begin implementation of their plans. Emissions reduction efforts would begin in 2022. EPA will create an emissions reduction plan for any state who fails to turn in a plan by the 2016.
During Lin’s remarks, he described about how the EPA would achieve their emissions reduction targets through the “three building blocks” of the plan. He described these building blocks as:“switching emissions at the source, switching power generation from coal to natural gas, and switching power generation from coal to nuclear.” Power utilities would be forced to switch to renewable sources of energy to fuel their plants if the courts uphold the plan.
Lin promised to attendees: “we will sue and will continue to sue,” against the implementation of the clean power plan. The appeals court is expected to hear on the lawsuit. No date has been set on any oral arguments. Attorneys have until Friday to turn in their updated legal briefs.