The attorneys general (AGs) of West Virginia and Texas do not believe the EPA should provide assistance to the states with implementing the Clean Power Plan (CPP) while the U.S. Supreme Court’s stay of that rule is in effect. In a letter to Janet McCabe, EPA’s acting assistant administrator of Air and Radiation, West Virginia AG Patrick Morrisey and Texas AG Ken Paxton wrote that the Agency is not respecting the purpose of the stay if it continues to spend federal taxpayer dollars to help states plan for compliance with the CPP.
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West Virginia and Texas are among the two dozen states petitioning the D.C. Circuit to declare the CPP unlawful. Many other states are standing with the EPA in defense of the rule. On April 28, 2016, 14 of those states wrote to McCabe, requesting additional information and technical assistance to aid in building compliance plans. The states specifically asked for a federal CPP model plan and additional information on CPP’s Clean Energy Incentive Program (CEIP); tracking systems for allowances or credits; and energy-efficiency evaluation, measurement, and verification.