What’s at Stake: The ‘Clean Power’ Plan and what will be left of our Constitution if the EPA’s plan survives

http://www.wsj.com/articles/clean-power-plays-and-the-last-stand-for-federalism-1474841482
After Congress turned down President Obama’s request to enact a law regulating power plants’ greenhouse-gas emissions, the Environmental Protection Agency turned to the states—not with a request, but with instructions to carry out the president’s energy policy. The EPA’s “Clean Power Plan” now faces the scrutiny of the nation’s chief regulatory review court, the U.S. Court of Appeals for the District of Columbia Circuit.

If the Constitution’s federalism is to endure, the Clean Power Plan must be struck down.

The Constitution establishes a federal government of limited and enumerated powers while the states retain a plenary “police power,” subject only to the specific limitations of federal law. This is what Justice Anthony Kennedy called the Constitution’s “genius”: It “split the atom of sovereignty” to ensure accountability when meeting both local and national concerns, while fostering rivalry between the two levels to curb excessive political ambition that might threaten liberty.

http://on.wsj.com/2d3CsqB

27. September 2016 by Terry Headley
Categories: coal, CPP, Energy, EPA, Jobs, Mining, Policy, Power Generation, Utilities | Tags: , , , , , , , , , , , | Comments Off on What’s at Stake: The ‘Clean Power’ Plan and what will be left of our Constitution if the EPA’s plan survives