The attorneys general (AGs) of states that successfully petitioned the U.S. Supreme Court to stay EPA’s Clean Power Plan (CPP) while litigation on the CPP proceeds in the U.S. Court of Appeals for the D.C. Circuit are now asking the Agency to extend by at least 60 days the current August 29, 2016, deadline for submitting comments on EPA’s proposed design details for CPP’s Clean Energy Incentive Program ((CEIP); June 30, 2016, FR). According to the AGs, the Supreme Court’s stay places the entire CPP in abeyance. This means the Agency may not take any action regarding the CPP, including issuing a proposal affecting the voluntary CEIP.
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Under the CEIP, both participating states and the EPA provide CPP compliance allowances to eligible projects such as renewable energy and energy-efficiency projects in low-income communities.