Document G6VKa17X9aZrwr1LBQX0vEq0x

U" ' MVIRONMENTAL PROT .OTION AGENCY WASHINGTON, D,C, 20460 March 30, 2017 THE ADMINISTRATOR The Honorable Brian Sandoval Governor of Nevada Capitol Building Carson City, Nevada 89701 Dear Governor Sandoval: On February 9. 2016. the Supreme Court of the United Slates stayed implementation of the Clean Power Plan (CPP) effectively "suspending] administrative alteration of the status quo." A'ken v. Holder, 556 U.S. 418. 428 n.l (2009). Further, pursuant to the Administrative Procedure Act. the Supreme Court has authority to "issue all necessary and appropriate process to postpone the effective date of an agency action or to presen e status or rights pending conclusion of the review proceedings." 5 U.S.C. $ 705. Under that precedent. States and other interested parties have neither been required nor expected to work towards meeting the compliance dates set in the CPP. It is the policy of the {environmental Protection Agency (HPA) that States have no obligation to spend resources to comply with a Rule that has been stayed b\ the Supreme Court of the United Slates. To the extent any deadlines become relevant in the future, case law and past practice of the EPA supports the application of day-to-day tolling. Hie days of coercive federalism are over. Accordingly, I look forward to working with you. your state experts and local communities as we develop a path forward to improve our environment and bolster the economy in a manner that is respectful of and consistent with the rule of law. E. Scott Pruitt Internet Address (URL) http://wvrw.epa.gov Renycled/Rocyclahle Printed with Vegetable Oil Based Intas on Recycled Paper (Minimum 25V Postconsumer) 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00008149-00001