D.C. think tank: EPA may be trying to do end run around high court ruling

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The Competitive Enterprise Institute think tank, in a recent online article by Marlo Lewis, said the EPA may be trying to skirt the Supreme Court's Clean Power Plan.

"Are we going to respect the decision of the Supreme Court? You bet. Of course we are," EPA Administrator Gina McCarthy recently said. "But it doesn't mean it's the only thing we're working on, and it doesn't mean we won't continue to support any state that voluntarily wants to move forward.”

Lewis said the agency's attitude after the high court ruling might indicate it's trying to get around the ruling.

"It seems that the Clean Power Plan itself exposes the organization as a rogue agency," Lewis said. "The stay requires the EPA to cease implementation of the Clean Power Plan until the Supreme Court makes a final decision about whether or not to overturn the rule."

Lewis said despite the law being sidelined, the agency might try to intimidate states into implementing it voluntarily, or risk its regulatory wrath on other matters.

"The stay completely prohibits the EPA from actively trying to implement the rule," Lewis said. "However, when the EPA gives advice on what regulations a state should implement, the states will feel pressure to take it on board because of the power and status held by the EPA. No one wants to make an enemy out of the EPA or antagonize their regulatory overseer."

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Competitive Enterprise Institute

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