Document M4r91b70bkNDOVvV3zoZ4YgaV

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 March 30, 2017 THE ADMHN1STRATOR Hie Honorable Brian Sandoval Governor of Nevada Capitol Building Carson City, Nevada 89701 Deal' Governor Sandoval; On February 9,2016, the Supreme Court of the United States stayed implementation of the Clean Power Plan (CPF) effectively "suspend[ing] administrative alteration of the status quo." Nken v. Holder. 556 U.S. 418, 428 n.l (2009). Further, pursuant to the Administrative Procedure Act, the Supreme Court lias authority to "`issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve 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 (EPA) that Slates have no obligation to spend resources to comply with a Rule that has been stayed by die Supreme Court of the United States, 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 toiling. The 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 A ddress (U R L) * bttpU/w w w .epa.gov Recytfed/Rscysiabi* Printed with Vegetable Oil Based inks on Recycled Paper (Minimum 25% Postconsumer) Sierra Club v. EPA 18cv3472 NDCA Prod 1 ED 002061 00079452-00001