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Clean Power Plan ruling divides Colorado

U.S. Supreme Court temporarily blocks carbon-pollution standards

DENVER – News this week that the U.S. Supreme Court temporarily delayed implementation of federal carbon-pollution standards split interests in Colorado.

While environmentalists and Democrats shrugged the Tuesday ruling off as a bump in the road, energy industry groups and Republicans hailed the decision as a step toward victory.

Under the Environmental Protection Agency rule, carbon-dioxide emissions must be reduced by 28 percent in Colorado and 32 percent nationally by 2030. The state is charged with developing a specific plan for Colorado.

The Supreme Court’s stay signals that the justices are taking a serious look at the case, which could result in dismantling at least parts of the Clean Power Plan.

The 5-4 ruling was unprecedented in the sense that an appeals court is considering a challenge from 29 states and industry groups. The high court’s decision marked the first time it halted implementation of a regulation before review by an appeals court.

Colorado is one of the states challenging implementation of the standards.

“Over and over again, the current federal administration – and particularly the EPA – has been ignoring state sovereignty and the rule of law,” Republican Colorado Attorney General Cynthia Coffman said in a statement. “As the independently elected legal voice for the state of Colorado, I have been pushing back.”

Coffman’s decision to enter Colorado into the lawsuit has put her at odds with Democratic Gov. John Hickenlooper, who supports implementation of the standards, and has repeatedly stated that Colorado is well-positioned to meet requirements.

“While we’re still reviewing the implications of the Supreme Court’s decision, we remain committed to having the cleanest air in the nation,” Hickenlooper said in a statement following the court’s ruling. “We’ll continue to build upon the great strides we’ve made as a state ... to protect our public health and environment.”

The crux of the lawsuit revolves around whether the federal government has authority to “usurp” state control over power grids and emission standards.

“This is a victory for the hardworking families that dedicate their lives to producing affordable and reliable electricity for all Americans,” Republican U.S. Rep. Scott Tipton of Cortez said in a statement. “While the President has done everything possible to pick winners and losers in American energy production and put these people out of work, the Supreme Court has stepped in to give states their day in court as they challenge the administration’s overreach.”

Critics of the mandate fear a spike in utility rates, while suggesting that the rule amounts to backdoor cap-and-trade by allowing operators to trade carbon credits in Colorado or even across state lines.

But environmental groups say the issue is about cleaner air for the nation.

“This unusual move is disappointing but should not be taken as a sign that limiting carbon and combating climate change are not urgent and pressing jobs in front of us. This decision is not a decision on the merits of the Clean Power Plan,” said Pete Maysmith, executive director of Conservation Colorado. “Given that Coloradans overwhelmingly support clean air and renewable energy, we are confident Colorado will forge ahead with a plan to reduce carbon pollution and protect the health of our children and families.”

pmarcus@durangoherald.com

Apr 27, 2016
Two bills to stall Clean Power Plan killed in Colo. House committee


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