The Clean Power Plan represents a federal takeover of the electricity market.
The Environmental Protection Agency’s Clean Power Plan (CPP) mandates sweeping reductions of CO2 emissions from existing electrical-generation plants. The rule will dramatically increase federal regulation of the nation’s electric industry. It will impose devastating costs on working families across America — with hugely disparate impacts from one state to another. And if states comply with the CPP, the result will be a massive federal takeover of the state governments.
The assault on the dual sovereignty of the states — the federalism enshrined in our Tenth Amendment — is nothing new. Much of the battle over Obamacare turned on the attempt to force Medicaid expansion on the states, which the Supreme Court deemed a violation of the Tenth Amendment. However, with the CPP, the EPA is attempting to take federal control of states to a whole new level — perhaps hoping that the states will meekly comply rather than calling its bluff by challenging a rule based on very questionable statutory authority.