Document v60bRNEEnGa07Xj5zjb6R1ppw

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20480 March 30,2017 THE ADMINISTRATOR The Honorable Terry McAuliffe Governor of Virginia State Capitol Third Floor Richmond, Virginia 23219 Dear Governor McAuliffe: On February 9, 2016, the Supreme Court of the United States stayed implementation of the Clean Power Plan (CPP) effectively "suspending] 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 has 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 States have no obligation to spend resources to comply with a Rule that has been stayed by the Supreme Court of the United States. To the extent an}' deadlines become relevant in the future, case law and past practice of the EPA supports the application of day-to-day tolling. The days of coercive federalism are over. Accordingly, 1 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. Internet Address (URL) http://www.epa.gov Recycled/Recyciable Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25% Postconsumer) 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00008151-00001