A March 23 article titled “States Ignoring EPA’s Carbon Plan Risk Losing Autonomy” discusses the controversy surrounding EPA’s latest plan to cut greenhouse gas emissions from power plants. In paraphrased and quoted material, McGuireWoods partner Scott Oostdyk maintains that the EPA’s plans are outside the agency’s jurisdiction because they require regulation “beyond the fenceline” of facilities, a realm the Clean Air Act does not empower the agency to regulate. Essentially, he says, the federal government cannot tell a state how to tell its citizens how to use electricity or power. Subscribers can read the full text of the article at www.law360.com.
