Nov 15, 2017

EPA Proposes Repeal of the Clean Power Plan

On October 16, 2017, EPA proposed repeal of the Clean Power Plan (“CPP”), more formally known as the “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electrical Generating Units.” The CPP aims to reduce carbon dioxide emissions from electrical power generation by 32 percent by 2030, relative to 2005 levels, through emissions standards for fossil fuel-fired power plants and corresponding emissions goals for each state. EPA will hold a public hearing on the proposed repeal on November 28-29, 2017 in Charleston, West Virginia. On November 8, 2017, EPA extended the deadline for public comment on the proposed repeal to January… Read more

Apr 19, 2016

Former EPA Administrators Defend Clean Power Plan

The U.S. EPA contends that shifting electricity generation away from coal-fired utilities as required by the Clean Power Plan (the “CPP”) constitutes a permissible system of emission reduction under the Clean Air Act (the “Act”).  Two former EPA administrators have expressed support for this interpretation, asserting that the Act was broadly worded to reflect Congress’s intent to allow EPA the flexibility to address emerging air pollution problems without having to seek revisions to the Act itself.  The current EPA administration has determined that the Act’s requirement that EPA determine the “best system” for cutting carbon dioxide emissions is broad enough… Read more