Will Obama's Climate Initiative Become the Obamacare of Regulations?

EPA's new Clean Power Plan Rule has taken on a political life of its own, with coal states adamantly opposed, helping those who allege that the administration is waging a "war on coal." We also look at the basis of the rule in the 1970 Clean Air Act.

2 minute read

June 7, 2014, 11:00 AM PDT

By Irvin Dawid


Opposition to EPA's Clean Power Plan Proposed Rule, released June 2 (posted here), has been swift, particularly by states that are most reliant on coal power plants for electricity, and those where coal mining is an important part of the economy. And they have found help with powerful Washington lobbying groups.

"In at least eight states, lawmakers have approved symbolic anti-EPA resolutions based on a model approved by the American Legislative Exchange Council (ALEC), a group that has shaped controversial state measures on issues like Stand Your Ground gun laws and opposition to Obamacare exchanges," writes Andrew Restucciaenergy reporter for POLITICO Pro. In fact, coal states have among the least amount of cuts to make, as noted in the article posted here.

Kentucky has gone even further, enacting a law this spring that could block the state from complying with EPA’s rule. West Virginia and Kansas have new laws taking aim at the regulation one way or another, and states like Ohio, Louisiana and Missouri are considering similar measures.

Reuter's Valerie Volcovici explained in an earlier article what was behind ALEC's efforts.

"Although ALEC resolutions will not change state law, ALEC and its industry supporters are hoping these resolutions will discourage governors and impede EPA action," said Aliya Haq, who tracks such bills as special projects director with the Natural Resources Defense Council, an environmental group.

Also in Politico, Leon G. Billings, who served as staff director of the U.S. Senate Subcommittee on Environmental Pollution from 1966 to 1978, explains the historical basis for the Clean Power Plan rule, rooted in Section 111 of the 1970 Clean Air Act. He disputes the assertion by some that President Obama used his executive action to authorize EPA to draft the rule.

EPA Administrator Gina McCarthy confirms the soundness of the new rule in response to a question from PBS Newshour host, Gwen Ifill on their June 2 show (see video below): "Do you worry that the Supreme Court or Congress could shut you down on this?"

Oh, the Supreme Court has spoken on this issue a number of times and told us it’s perfectly appropriate — in fact, our responsibility — to look at carbon as a potential pollutant in the Clean Air Act.

We did the endangerment finding. It’s done...So, we’re pretty safe in that regard.

This is an act that Congress passed, that gave to EPA, and gave us both the responsibility and the authority to address pollution that endangers public health. Carbon pollution is that.

Wednesday, June 4, 2014 in Politico Pro

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

High-rise apartment buildings in Waikiki, Hawaii with steep green mountains in background.

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss

The plan would reduce visitor accommodation by 25% resulting in 1,900 jobs lost.

April 6, 2025 - Honolulu Civil Beat

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 10, 2025 - Diana Ionescu

Streetcar and bus stopped at station on Market Street in San Francisco with Ferry Building visible in background.

Waymo Gets Permission to Map SF’s Market Street

If allowed to operate on the traffic-restricted street, Waymo’s autonomous taxis would have a leg up over ride-hailing competitors — and counter the city’s efforts to grow bike and pedestrian on the thoroughfare.

1 hour ago - San Francisco Examiner

Parklet with wooden benches and flower boxes on street in Ireland.

Parklet Symposium Highlights the Success of Shared Spaces

Parklets got a boost during the Covid-19 pandemic, when the concept was translated to outdoor dining programs that offered restaurants a lifeline during the shutdown.

2 hours ago - Streetsblog San Francisco

Bronze statue of homeless man (Jesus) with head down and arm outstretched in front of St. Matthew Cathedral in Washington D.C.

Federal Homelessness Agency Places Entire Staff on Leave

The U.S. Interagency Council on Homelessness is the only federal agency dedicated to preventing and ending homelessness.

3 hours ago - The New York Times