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How Best to Use CAA 118(d) to Regulate Existing Power Plants' Carbon Emissions

January 2014

Citation: ELR 10005

Author: John Cruden, David Doniger, Jeffrey Holmstead, and William F. Pedersen

President Barack Obama has directed EPA “to use your authority under §§111(b) and 111(d) of the Clean Air Act to issue standards, regulations, or guidelines, as appropriate, that address carbon pollution from modified, reconstructed, and existing power plants and build on State efforts to move toward a cleaner power sector.” EPA is to propose standards no later than June 1, 2014, finalize them within a year, and have approved state or federal plans in place by the end of President Obama’s term. On September 17, 2013, ELI brought together top domestic experts to discuss various options for using the CAA to achieve the president’s orders.

John Cruden is President, Environmental Law Institute (moderator). David Doniger is Policy Director Clean Air & Climate Program, Natural Resources Defense Council. Jeffrey Holmstead is a Partner, Bracewell & Giuliani LLP. William F. Pedersen is Senior Counsel, Perkins Coie LLP.

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