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New source performance standards, §111

The Supreme Court’s Stay of the Clean Power Plan: Economic Assessment and Implications for the Future

The Clean Power Plan (CPP) is expected to play an important role in reducing U.S. greenhouse gas emissions. In February 2016, responding to appeals from some of the affected industries and states, the U.S. Supreme Court issued a stay...

Grandfathering Coal: Power Plant Regulation Under the Clean Air Act

In their book Struggling for Air: Power Plants and the “War on Coal,” Richard Revesz and Jack Lienke detail the history of the Clean Air Act and the political compromises that led to exempting existing power plants from...

Familiar Territory: A Survey of Legal Precedents for the Clean Power Plan

A coalition of states, utilities, energy producers, and other industry groups has brought a challenge in the U.S. Court of Appeals for the D.C. Circuit against the U.S. Environmental Protection Agency’s Clean Power Plan (CPP), which...

EPA’s Clean Power Plan: Understanding and Evaluating the Proposed Federal Plan and Model Rules

The U.S. Environmental Protection Agency’s (EPA’s) Clean Power Plan was accompanied by model rules for states that provide both a mass-based and a rate-based approach. The model rules, once finalized, will give states a streamlined but...

State Implementation of the Clean Power Plan: Why It Matters to Industries Outside the Power Sector

On August 3, 2015, President Barack Obama announced the U.S. Environmental Protection Agency’s Clean Power Plan (CPP), which establishes guidelines that states must apply to achieve reductions in carbon dioxide emissions from the...

The Clean Power Plan and Statutory Interpretation: Is the "Building Block" Approach Permissible Under §111(d)?

In June 2014, EPA proposed an emission guideline for emissions of carbon dioxide (CO2) from existing fossil fuel-fired electric generating units (EGUs). This rulemaking--commonly known as the Clean Power Plan (CPP)--identifies as the “...

Does EPA’s §111(d) Proposal Rely on an Unprecedented and Legally Forbidden Approach to Emission Reduction?

In June 2014, the U.S. Environmental Protection Agency (EPA) proposed standards under §111(d) of the Clean Air Act (CAA)1 for state plans to reduce carbon dioxide emissions from existing fossil fuel-fired electric generating units (EGUs...

Here Be Dragons: Legal Threats to EPA’s Proposed Existing Source Performance Standards for Electric Generating Units

A 104-page “Legal Memorandum” accompanying EPA’s proposal of §111(d) Existing Source Performance Standards for Electric Generating Units under the Clean Air Act charts the legal waters the Agency will have to traverse if it adopts rules...

The Oklahoma Attorney General’s Plan: The Clean Air Act §111(d) Framework That Preserves States’ Rights

On May 20, 2014, the Federalist Society Environmental Law and Property Rights Practice Group convened at the National Press Club to discuss the form of the appropriate federalism model for regulating CO2 emissions under §111(d) of the...

The Legal Scrutiny Surrounding §111(d): Will It Survive or Stumble?

EPA’s Clean Power Plan is the Obama Administration’s most important effort to address the challenge of climate change. But it also raises significant legal issues of first impression ranging from unsettled statutory language to EPA’s...