04.01.15

Coalition Applauds Senator McConnell’s Efforts to Combat President’s War on Coal

32 groups write Sen. McConnell; call on other Members of Congress to join his effort

WASHINGTON, D.C. -- Several groups wrote to Senate Majority Leader Mitch McConnell today to applaud his “work with state governors and legislators to push back against the Environmental Protection Agency’s (EPA) usurpation of state electricity policy through its proposed Clean Power Plan (CPP).”  In the letter, the groups wrote that “federal and state officials are right to question the CPP’s legality and the repercussions that would result from submission of a State Implementation Plan”… and that it is “appropriate for Congress, the branch of government charged with keeping the Executive in check, to help states fully understand the obligations and consequences flowing from obscure federal regulations. After all, Congress wrote the laws the EPA is using to justify the CPP.” 

They added, “Given that the current administration has decided to circumvent Congress and achieve the same ends via regulatory fiat, you and other Members of Congress, elected by the People, should do everything possible to prevent unelected EPA bureaucrats from dictating national energy policy.”

Letter follows:

April 1, 2015

Dear Sen. McConnell,

We, the undersigned organizations, applaud your work with state governors and legislators to push back against the Environmental Protection Agency’s (EPA) usurpation of state electricity policy through its proposed Clean Power Plan (CPP). Both federal and state officials are right to question the CPP’s legality and the repercussions that would result from submission of a State Implementation Plan.

Opposition to the CPP is a natural response to a regulation that would further centralize power in Washington. The EPA is asking for state complicity in the CPP because the agency likely does not have the legal authority to unilaterally implement the CPP’s proposals. Specifically, the Clean Air Act provides no authority for the EPA to control state laws on renewable generation, electric dispatch policy, or consumer conservation incentives. It is because EPA is desperate to legitimize its most brazen power grab to date that it is pressuring states to submit State Implementation Plans.

We also agree with you that states are completely within their legal rights to “just say no” and let EPA take sole responsibility for implementing the 111(d) rule. The right of states to keep their fingerprints off what they regard as a misguided or unlawful rule is basic to the very concept of cooperative federalism.

It is therefore appropriate for Congress, the branch of government charged with keeping the Executive in check, to help states fully understand the obligations and consequences flowing from obscure federal regulations. After all, Congress wrote the laws the EPA is using to justify the CPP.

All of this matters because the CPP would have an enormous impact on ratepayers and state economic growth. Implementation of the CPP could cause double-digit electricity rate increases in over 40 states and could cost the country nearly $479 billion over 15 years, according to the National Economic Research Associates.

Grid reliability will also suffer. Allowing the EPA to rearrange our electricity system could threaten up to 130 gigawatts of reliable power from coal, natural gas, and nuclear power plants – enough to meet the residential power needs of more than 105 million Americans.

It was due to similar consequences that the 111th Congress rejected cap-and-trade legislation. That legislative failure has not deterred President Obama who made explicit his intent to ignore the will of the American people, famously stating, “cap-and-trade was just one way of skinning the cat.” Given that the current administration has decided to circumvent Congress and achieve the same ends via regulatory fiat, you and other Members of Congress, elected by the People, should do everything possible to prevent unelected EPA bureaucrats from dictating national energy policy.

Sincerely,

60 Plus Association
American Energy Alliance
AmericanCommitment
Americans for Prosperity
Americans for Tax Reform
Beacon Center of Tennessee
The Bluegrass Institute
Buckeye institute
Caesar Rodney Institute
The Cardinal Institute for West Virginia
Civitas Institute
Competitive Enterprise Institute
Concerned Women for America
Council for Citizens Against Government Waste
E&E Legal
Freedom Partners Chamber of Commerce
HomeMakers for America
Independence Institute
Independent Women’s Forum
Independent Women’s Voice
I am Created Equal, Colorado
The James Madison Institute
The John K. MacIver Institute for Public Policy
Let Freedom Ring
Maine Heritage Policy Center
Mississippi Center for Public Policy
Montana Policy Institute
National Taxpayers Union
Public Interest Institute
Rhode Island Center for Freedom and Prosperity
Rio Grande Foundation
Taxpayers Protection Alliance

Related Issues: Coal, Regulations, Middle Class, EPA, Jobs, Energy