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1 STATE OPPOSITION TO EPA S PROPOSED CLEAN POWER PLAN 1 March 2015 GOVERNOR AG LEGISLATURE PUC DEQ ALABAMA ALASKA ARKANSAS ARIZONA FLORIDA GEORGIA IDAHO INDIANA KANSAS KENTUCKY LOUISIANA MICHIGAN MISSISSIPPI MISSOURI MONTANA NEBRASKA NEVADA NEW JERSEY NEW MEXICO NORTH CAROLINA NORTH DAKOTA OHIO OKLAHOMA PENNSYLVANIA SOUTH CAROLINA SOUTH DAKOTA TENNESSEE TEXAS UTAH WEST VIRGINIA WISCONSIN WYOMING
2 ENDNOTES 1 Opposition stated explicitly to the proposed Clean Power Plan, to its legality, or to EPA s outside the fence approach to setting standards. 2 Letter from the Governors of Alabama, Alaska, Arizona, Idaho, Indiana, Mississippi, New Mexico, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, Utah, Wisconsin, and Wyoming to President Barack Obama, September 9, ( 15 Governors letter ) 3 Comment from the Attorneys General of Oklahoma, West Virginia, Nebraska, Alabama, Florida, Georgia, Indiana, Kansas, Louisiana, Michigan, Montana, North Dakota, Ohio, South Carolina, South Dakota, Utah, and Wyoming on Proposed EPA Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units; Docket ID No. EPA HQ OAR , ( Attorneys General comments ); Perspective of 18 States on Greenhouse Gas Emission Performance Standards for Existing Sources under 111(d) of the Clean Air Act, September 11, 2013 ( White Paper ); D.C. Circuit litigation: West Virginia v. EPA (No ) ( West Virginia case ); Murray Energy Corporation v. EPA (No ) and Murray Energy Corporation v. EPA (No ) (consolidated) ( Murray Energy case ). 4 S.J.R. 57 (2014) 5 Comments of the Alabama Public Service Commission Re: Proposed Carbon Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units 79 Fed. Reg. No. 117 (Wednesday, June 18, 2014) Docket ID No.: EPA-HQ-OAR ; November 28, Letter from Alabama Department of Environmental Management to EPA Docket Center, Attn: Docket ID No. EPA-HQ-OAR , November 21, Governors letter; Letter from the Governors of Alaska, Indiana, Louisiana, Michigan, North Carolina, North Dakota, Pennsylvania, Texas, and Wyoming to President Barack Obama, June 16, ( Nine Governors letter ) 8 White Paper; Murray Energy case. 9 Murray Energy case (motion to intervene). 10 S.R. 2 (2014) White Paper. 13 S.C.R (2014). 14 Comments of the Arizona Corporation Commission to Docket ID No. EPA-HQ-OAR , December 1, Arizona Department of Environmental Quality memorandum to Docket ID No. EPA-HQ-OAR , S.M (2014) H.R (2014) State of Idaho s Coordinated Comments by the Governor s Office of Energy Resources on behalf of it and the Idaho Department of Environmental Quality, the Idaho Public Utilities Commission, and the Idaho Department of Lands on the EPA s Proposed Clean Air Act 111(d) Guideline: Docket ID No. EPA-HQ- OAR ,
3 24 Attorneys General comments; Murray Energy case. 25 H.R. 11 (2014). 26 State of Indiana comments on behalf of the Indiana Department of Environmental Management, the Indiana Office of Energy Development, the Indiana Office of Utility Consumer Counselor, the Indiana Utility Regulatory Commission, and the Indiana Department of Natural Resources to Docket ID No. EPA-HQ-OAR , Attorneys General comments; White Paper; Murray Energy case; West Virginia case. 29 H.B (2014). 30 Letter from Kansas Corporation Commission to Hon. Gina McCarthy re Docket ID No. EPA-HQ-OAR , October 29, Letter from Kansas Department of Health and Environment to Hon. Gina McCarthy re Docket ID No. EPA-HQ-OAR , November 17, White Paper; Murray Energy case; West Virginia case. 33 H.B. 388 (2014). 34 Nine Governors letter. 35 Attorneys General comments; Murray Energy case; West Virginia case. 36 Act No. 726 (2014). 37 Comments of the Louisiana Public Service Commission, Docket No. EPA-HQ-OAR , 38 Comments of the Louisiana Department of Environmental Quality, Docket ID No. EPA-HQ-OAR , Comments of the Mississippi Department of Environmental Quality, Docket ID No. EPA-HQ-OAR , 42 H.B (2014); Comments of the General Assembly of the State of Missouri: UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, 79 Fed. Reg (June 18, 2014), Docket ID No. EPA-HQ-OAR , Comments of the Public Service Commission, State of Montana, Docket ID No. EPA-HQ-OAR , November 21, Attorneys General comments and White Paper; Murray Energy case; West Virginia case. 46 L.R. 482 (2014). 47 Comments of the Nebraska Power Review Board in Docket ID No. EPA-HQ-OAR , November 26, Nebraska Department of Environmental Quality Comments on Clean Power Plan, Docket ID: EPA-HQ- OAR , 49 Comments of the State of Nevada, through the Department of Conservation and Natural Resources, Division of Environmental Protection (NDEP), the Public Utilities Commission of Nevada (PUCN), and the Governor's Office of Energy on Docket ID No. EPA-HQ-OAR , November 24, Letter from Bob Martin, Commissioner, New Jersey Department of Environmental Protection to Hon. Gina McCarthy, November 26, 2014, Re: Carbon Pollution Emission Guidelines for Existing Stationary 3
4 Sources: Electric Utility Generating Units, 79 Fed. Reg (proposed June 18, 2014) (to be codified at 40 C.F.R. pt. 60) New Mexico Environment Department, Technical Comments to the U.S. Environmental Protection Agency, Clean Power Plan, Comments of the North Carolina Utilities Commission Public Staff, Docket ID No. EPA-HQ-OAR , 56 Comments of the North Carolina Department of Environment and Natural Resources, Docket No. EPA-HQ-OAR , Letter from Public Service Commission, State of North Dakota to Gina McCarthy, Administrator, Re: Docket ID No. EPA-HQ-OAR , November 25, Letter from North Dakota Department of Health to Gina McCarthy, Administrator, Re: Docket ID No. EPA-HQ-OAR , 61 Attorneys General comments; White Paper; Murray case; West Virginia case. 62 H.B. 506 (passed House)(2014). 63 Letter from Ohio EPA to EPA Docket Center Re: Docket ID No. EPA-HQ-OAR , December 1, Murray case; West Virginia case. 66 S.C.R. 39 (2014). 67 Oklahoma Department of Environmental Quality Comments on EPA s proposed Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (Docket ID No. EPA-HQ-OAR ), November H.B (2014). 70 Letter from Pennsylvania Department of Environmental Protection to EPA Air and Radiation Docket Center, Re: Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, Proposed Rule (79 FR 34830, June 18, 2014), November 26, (previous governor) Attorneys General comments; White Paper; West Virginia case. 73 Letter from State of South Dakota, Dennis Daugaard, Governor, to U.S. Environmental Protection Agency, Attention: Docket ID No. EPA-HQ-OAR , November 25, Attorneys General comments; White Paper; Murray Energy case; West Virginia case. 75 H.C.R (2014). 76 H.J.R. 663 (passed House)(2014). 77 Tennessee Department of Environment and Conservation Comments regarding EPA s Proposed Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (commonly referred to as the Clean Power Plan), Docket ID No. EPA-HQ-OAR , 78 Nine Governors letter. 79 Comments by the Public Utility Commission of Texas regarding the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Emissions from Existing Stationary Sources: Electric Utility Generating Units; Proposed Rule; EPA Docket ID No. EPA-HQ-OAR , 4
5 80 Comments by the Texas Commission on Environmental Quality Regarding the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units; Proposed Rule; EPA Docket Id No. EPA-HQ-OAR , Governors letter; Letter from Gary Herbert, Governor of the State of Utah, to Gina McCarthy, 82 Attorneys General comments. 83 White Paper; Murray Energy case; West Virginia case. 84 H.R. 13; H.B (2014); H.B (2015). 85 West Virginia Department of Environmental Protection, Comments on the U.S. EPA s Proposed Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, Docket No. EPA-HQ-OAR , White Paper. 88 Letter and Attachments from State of Wisconsin, Department of Natural Resources and Public Service Commission of Wisconsin to Gina McCarthy, Administrator; Subject: Comments on EPA s Proposed Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, Docket ID No. EPA-HQ-OAR , November 30, Attorneys General comments; Murray case; West Virginia case. 92 S.J (2014). 93 Letter from Wyoming Department of Environmental Quality to Gina McCarthy, Administrator, Attn: Docket ID No. EPA-HQ-OAR , 5
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