Clean Power Plan – Can A State Proceed Anyway?

We recently asked the question, should a State proceed with development of an implementation plan under the CPP given the inherently shifting timeline attendant the Supreme Court's stay of the CPP. Today, we expand on that question and ask whether a State, should it desire to voluntarily implement the plan, proceed anyway? A good example of this conundrum is posed in Colorado, where the Colorado Department of Public Health and Environment (CDPHE) and the Governor's office immediately responded to news of the CPP stay by announcing that Colorado would continue forward with development of the Colorado plan implementing the CPP. Using Colorado as an example, does Colorado have sufficient legislative authority to voluntarily implement the CPP even if the CPP is struck down by the Supreme Court?

It's a difficult...