The EPA’s attempt to impose such a scheme on states was particularly bold because Congress had just declined to enact a similar scheme. After the 2008 election, Democrats introduced the Waxman-Markey bill, a sweeping cap-and-trade scheme to reduce carbon emissions dramatically. Even with Democratic supermajorities in both houses, Congress failed to pass the bill.
After his party lost the House in 2010 President Obama turned to the EPA, which in 2015 promulgated the Clean Power Plan. The basic idea of the CPP was to pressure states into shutting down coal and (eventually) natural-gas plants and switch to renewable electricity sources. The agency resorted to an obscure provision of the original Clean Air Act that lay largely dormant for decades. It empowers the EPA to designate a “best system of emissions reduction,” or BSER, for existing facilities. The provision had been used only a handful of times, mostly for solid-waste incinerators, to reduce emissions “inside the fence line” of the facility itself.
The EPA decided that BSERs could extend beyond the fence line to the whole economy. The CPP would have imposed costly technological requirements within its purview, but also imposed standards that would force states to switch to natural gas and eventually renewables. The agency even planned to adopt nationwide standards on how and when you are allowed to use electricity in your own house.
There were a host of statutory and constitutional problems with this scheme, and the Supreme Court stayed it in 2016. In 2019, the Trump administration replaced it with the Affordable Clean Energy rule. That rule held to the traditional “inside the fence line” approach and accordingly focused on modest emissions improvements at coal plants. On the last day of Mr. Trump’s presidency, however, the powerful U.S. Circuit Court of Appeals for the District of Columbia vacated the Trump rule.
The data clearly indicate that being able to read is not a requirement for graduation at (Madison) East, especially if you are black or Hispanic”
2017: West High Reading Interventionist Teacher’s Remarks to the School Board on Madison’s Disastrous Reading Results
My Question to Wisconsin Governor Tony Evers on Teacher Mulligans and our Disastrous Reading Results
Friday Afternoon Veto: Governor Evers Rejects AB446/SB454; an effort to address our long term, disastrous reading results
Booked, but can’t read (Madison): functional literacy, National citizenship and the new face of Dred Scott in the age of mass incarceration.
No When A Stands for Average: Students at the UW-Madison School of Education Receive Sky-High Grades. How Smart is That?