Following up on the Supreme Court’s stay of implementation of EPA’s “Clean Power Plan,” Wisconsin Governor Scott Walker issued an executive order yesterday prohibiting all state employees from doing any work to comply with the plan. That was the right thing to do. The plan egregiously oversteps EPA’s legal authority by transgressing both the requirements of the Clean Air Act and the Constitutional separation of powers. Until Justice Antonin Scalia’s death Saturday it was almost certain to be struck down at the conclusion of legal challenges by 27 states and myriad businesses and industry associations—and it might well still be. Meanwhile, no sense wasting $Billions complying with a rule that might turn out illegal.
Other governors should do the same, now, before money gets wasted.
Poor EPA. It won’t get to brag, this time around, as it did when SCOTUS struck down its Mercury and Air Toxics Standard last summer, that it didn’t really matter because most of the $Billions needed to comply had already been spent.
Featured image courtesy of Jeff Kubina, Flickr Creative Commons, used by permission.