JEFFERSON CITY, Mo. (Dec. 12, 2015) – A Missouri bill prefiled for the 2016 legislative session would create the foundation to organize a compact of states dedicated to nullifying EPA emission regulations. But while conceptually strong, there exists little likelihood that the compact would ever come into existence because it requires congressional approval.
Rep. Eric Burlison prefiled House Bill 1470 (HB1470) on Dec. 1. If passed, it would create the Interstate Power Compact “to protect member states’ sovereignty and assurances granted under the Tenth Amendment with regard to the prevention and control of air pollution.”
The bill specifically defines the function of this interstate compact.
“The purpose of this compact is protect member states’ sovereignty and the assurances granted under Amendment X of the Constitution of the United States. In accomplishing this, member states shall work in isolation, or with other member states, to formulate plans for restoring the primary responsibility fo state and local governments in the prevention of air pollution and the control of air pollution at its sources…Member states agree that section 111(d) of the Clean Air Act lacks a statutory and constitutional foundation.”
States belonging to the compact would be prohibited from filing state plans to the EPA unless the filing involved emission limits or budgets based only on existing generating capacity and technology. The compact then goes on to prohibit the EPA from imposing any measure under a federal plan if the member state has not filed a fully approvable state plan. This…