The states should simply ignore the fed and protect their own industries from the EPA. The only reason the EPA has any power over these companies is by regulation. The states could issue necessary permits and indemnify and protect their power producers. They would have to defend them legally and potentially physically if the fed tried to shut down operations. But the states have the means and resources to resist against EPA regulations. Let the FED try and sue the state over the issue. That would get it into the courts where the real issues can be argued.
Or they could just “interpret” the law and decide to not comply with the parts they don’t like.
In practice, there are 4 branches of gov’t, the 4th being “Regulatory” and not accountable to the public.
The problem is that the operating permits are issued to the owners of the facilities and therefore it is the owners that can be held liable for noncompliance with EPA regulations. In cases where the owner knowingly and intentionally ignored the regulations the owner can be held criminally liable.
In this case what I would propose is that the State of Wisconsin offer to purchase all of the electric generation assets from the various Wisconsin electric companies for say a dollar. Technically the State would therefore become the owner and permit holder while in reality an operating agreement could be reached with the electric companies that would mean financially the companies would be made whole. Then the State of Wisconsin could simply tell the EPA to go pound sand.
Our worthless governor Inlsee will bend over and kiss their arse and welcome these new regulations as if they were written on stone tablets.
He is currently trying to jam a carbon trade Cap and tax system on us so we can do our part tot save the world...