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Montana officials praise carbon regulation stay

by Bob Henline Western News
| February 12, 2016 7:08 AM

 

Montana officials are praising the Tuesday decision of the United States Supreme Court to stay implementation of President Barack Obama’s carbon regulations. The new regulations were scheduled to take effect in 2022, but states were required to submit their plans, or file for extensions, to the Environmental Protection Agency by September 2016. 

The regulations were challenged by a coalition of 28 states, who labeled the new regulations as “an unprecedented power grab” by the administration. Montana was one of the states challenging the regulations, through the office of Attorney General Tim Fox.

“The U.S. Supreme Court’s decision to halt implementation of the EPA’s carbon regulations is a clear victory for Montana and the 27 other states that are challenging those regulations in court,” Fox said in a press statement Tuesday. “Today’s ruling will prevent Montana families, energy workers, businesses and public agencies from bearing the burden of regulations that we believe will be overturned ultimately.”

Montana Gov. Steve Bullock said that while he believes there is an immediate need to address climate change, the proposed regulations were unfair to Montana.

“I have been clear that I think these rules were unfair to Montana,” Bullock said Tuesday. “Given the court’s ruling today, I am putting the work of the Clean Power Plan Council on hold. What we cannot put on hold, however, is the need to address climate change and embrace Montana’s energy future, and I am committed to ensuring we do so on our own terms.”

The new rules were created by the Obama administration following the global climate agreement signed in Paris in January. Without the new regulations, it is considered unlikely that the United States can meet the established carbon emissions-reduction targets. The administration also has asserted the new plan will help to spur clean-energy jobs, a claim challenged by members of Montana’s congressional delegation.

“The Supreme Court decision to issue a nationwide stay on the Obama administration’s misguided, job-killing rule is great news for Montana,” Sen. Steve Daines said Wednesday. “The so-called Clean Power Plan will kill Montana jobs and leads our country in the wrong direction—away from being an energy leader. I appreciate Attorney General Tim Fox’s continued leadership to fight these anti-coal regulations. While this stay is great news, I will continue to keep up the fight to permanently stop President Obama’s job-killing agenda.”

Freshman Rep. Ryan Zinke also applauded the court’s decision, saying a balance can be struck between energy and natural resources use and conservation.

“Families  across Montana can breathe a sigh of relief now that the Supreme Court has reaffirmed what Montanans have known for a long time: President Obama’s global warming regulations are a gross abuse of executive power and are downright unconstitutional,” he said. “As Montanans, we all want clean water and clean air, but that doesn’t mean we should lock up our state’s vast energy resources. Economic development and responsible conservation are not mutually exclusive goals. Montana is home to more than a third of the nation’s recoverable coal reserves, enough to power our nation’s economy for 100 years. Advances in clean coal technology make it possible to develop our resources in a responsible manner, providing us with affordable electricity and low emissions.”

The stay halts implementation until such time as the challenge works its way through the federal court system. A federal appeals court in Washington is scheduled to hear oral arguments in the case June 2, but a decision could be several months after the oral arguments. It is likely the decision of that court will then be appealed to the United States Supreme Court for final disposition, making it unlikely the case will be decided before President Obama leaves office. In order to be granted the stay, opponents of the regulations had to convince the court not only was there a “fair prospect” they’d ultimately triumph in court, but also that implementation of the rules in the meantime could cause irreparable harm to states and impacted utility companies.

Sen. Jon Tester, also of Montana, said the stay creates more uncertainty about the regulations for the state’s economy and state leaders should be actively looking for solutions while the suit works its way through the courts.

“This announcement means more uncertainty for Montana’s economy,” he said. “We must continue to invest in our all-of-the-above energy strategy while addressing the impacts of climate change because doing nothing threatens our farms, businesses and outdoor way of life.”