AUSTIN – The Texas Public Policy Foundation (TPPF) today released “Why Suspending State Planning Makes Sense in Light of the Stay of the 111(d) Rule” by Michael Nasi, partner with Jackson Walker L.L.P. The paper examines how states should react to the Supreme Court of the United States’ stay of the Environmental Protection Agency’s 111(d) Clean Power Plan rule.

“Suspending state planning activities in light of the Supreme Court’s stay of EPA’s ‘Clean Power Plan’ is the approach being taken by Texas and most of the states standing up for their sovereignty against EPA’s overreach,” said Nasi. “Hopefully, this paper will help educate others who are surprisingly considering spending tax payer dollars to prematurely develop plans to implement EPA’s rule before the fate of that rule can be better understood.”

“Mike Nasi lays out in detail states should stop all work on developing state plans in response to the EPA’s Clean Power Plan,” said Doug Domenech, director of the Fueling Freedom Project at TPPF. “The Supreme Court has suspended the 111(d) Rule, including all deadlines. There is no basis for states to spend limited taxpayer monies since either the court will strike the rule down as illegal, or the rule will have to be substantially altered. Until then, it is irresponsible to proceed.”
To read the full paper, please visit:

The Honorable Doug Domenech is director of the Fueling Freedom Project at the Texas Public Policy Foundation. Domenech most recently served as Secretary of Natural Resources for the Commonwealth of Virginia and served as White House Liaison and deputy chief of staff at the U.S. Department of the Interior.
Michael Nasi is a partner with Jackson Walker L.L.P. practicing environmental and energy law. Nasi has been practicing before state and federal environmental and energy agencies and appellate courts for more than 23 years. He is counsel for rural electric cooperatives and other electric generation and mining interests in several federal court proceedings regarding EPA air quality regulations, including recent successes at the D.C. Circuit Court of Appeals and Supreme Court of the United States. Nasi is a nationally recognized environmental law and energy policy expert, and was named a 2015 “Energy and Environmental Trailblazer” by the National Law Journal.

The Texas Public Policy Foundation is a non-profit, free-market research institute based in Austin, Texas.

Find us on Facebook
Follow us on Twitter