Why Suspending State Planning Makes Sense in Light of the Stay of the 111(D) Rule

The Supreme Court has suspended the 111(d) Rule, including all deadlines, in response to state declarations to the Court. Some of the strongest of which made the argument that precious state resources should be focused on other priorities until it is clear that 111(d) Rule will survive judicial scrutiny. States should not undermine this premise by continuing to dedicate state resources to a rule that has no deadlines in effect and might not survive.

States should not continue to dedicate state resources to a rule that has no deadlines in effect and might not survive. Even states that opposed the stay motions should stop work because state agencies should not be consuming state resources unless and until it is necessary and prudent to do so. The Court’s stay of the rule likely means the Court will require the EPA to, at a minimum, substantially alter the deadlines and technical requires if it does not throw it out altogether.

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