Oct. 16, 2014: The Southeastern Legal Foundation today filed a formal Public Comment in the U.S. Environmental Protection Agency's latest gambit to crush the American coal industry, the Obama administration's so-called "war on coal," and along with it, more than a million jobs, spikes in energy costs to consumers, and another example of the violation of Congressional intent and separation of powers.
The EPA's Proposed Rule, "Carbon Pollution Standards for Modified and Reconstructed Stationary Sources: Electric Generating Units; Proposed Rule" 79 Fed. Reg. 34959 (June 18, 2014), proposes unilateral restrictions on coal and gas-fired electric generating facilities that are "out of bounds" and "well-beyond what Congress clearly intended in existing law. SLF won a decisive Supreme Court victory earlier this year challenging the EPA's "climate change" rules.
The currrent Public Comment period, much like it's "climate change" predecessor, will be the first round in administrative and legal challenges against the enactment of the Proposed Rule. SLF is preparing our legal strategy under the assumption that the Obama administration's EPA will go ahead with the Proposed Rule despite the fact that they lost a similar effort in the Supreme Court earlier this year.