The Clean Power Plan have been revised for several times and absorbed suggestions from scientists and the public for a few months, which exactly shows the responsiveness and accountability of public administrators. Almost two million public comments from states, industry leaders, environmental groups, and public citizens were reviewed by the EPA. 10 With the wide range of comments, the EPA changed the draft and added mass-based targets which is more welcomed by stakeholders.
Collecting public opinion is sometimes likely to cost large amount of time and money, which might be inconsistent with the cost-efficient value of NPM. It took more than one year for the EPA to public opinion. However, it is necessary to be accountable and responsive when formulating influential regulations like the Clean Power Plan.
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"EPA's rule is an overreach of historic proportions, and this regulation of electrical power generation goes far beyond what Congress authorized the agency to do," said Indiana Attorney General Greg Zoeller, whose office represents state government in court. 12 The Supreme Court supports that the Clean Air Act allows the government to regulate carbon emissions in the landmark Massachusetts v. EPA case in 2007. It is also said by the Supreme Court that judges can depart from practices in cases of "deep economic and political significance." On contrary, Justice Antonin Scalia said that when an agency "claims to discover in a long-extant statute an unheralded power to regulate a significant portion of the American economy, we typically greet its announcement with a measure of skepticism" in the 2014 carbon emissions case.