The Institute for Policy Integrity produces three types of publications: policy briefs, reports, and academic articles/working papers. Our policy briefs provide incisive and focused analysis on timely policy topics. Our reports develop deeper research on our core issues. Our academic articles and working papers offer original scholarly research and analysis from established experts as well as fresh new voices.
How the Clean Power Plan Conforms to Statutory Limits on EPA’s Authority
This policy brief analyzes the limits of the EPA’s Section 111 regulatory authority and determines that the CPP explicitly acknowledges and respects each of the EPA’s statutory constraints. The brief discusses the eight major constraints for emissions guidelines under Clean Air Act Section 111, and examines how the CPP handles each one. The analysis finds no evidence to support petitioners’ accusations that the the EPA exceeded its regulatory authority.
Recommendations for Reform
Federal law requires coal companies to reclaim and restore land and water resources that have been degraded by mining. But at many sites, reclamation occurs slowly, if it all. Mining companies are required to post performance bonds to ensure the successful completion of reclamation efforts should they become insolvent, but regulators have discretion to accept “self-bonds,” which allow many companies to operate without posting any surety or collateral. As the coal industry experiences financial distress and coal companies declare bankruptcy, the viability of future reclamation work is endangered. This report offers recommendations to help regulators better assess coal companies’ financial health and take steps to curtail self-bonding.
Twelve Policy and Procedural Goals for the Programmatic Review
This report highlights twelve policy and procedural recommendations for the review of the federal coal program. These reforms are intended to help modernize program and so that it can provide maximum net benefits to American taxpayers. The programmatic review should identify opportunities to increase revenue, reduce greenhouse gas emissions, and align federal land management with U.S. climate change goals, paying enormous dividends to the public.