We recently submitted comments to the Environmental Protection Agency on the Clean Energy Incentive Program (“CEIP”). The CEIP is a voluntary early action program to help states move forward on Clean Power Plan compliance and energy market planning. Clean Power Plan opponents have argued that it is inappropriate for EPA to move forward on its CEIP guidance because the Supreme Court has stayed the Clean Power Plan.
Our comments explain why EPA should continue to offer CEIP guidance, despite the stay. As part of these comments, we provided the agency with a copy of our April 2016 policy brief, Understanding the Stay, which explains why it is legally appropriate for EPA to continue providing guidance on voluntary compliance with the Clean Power Plan, like the CEIP.