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New source performance standards, §111

American Lung Ass'n v. Environmental Protection Agency

The D.C. Circuit vacated EPA's Affordable Clean Energy Rule that repealed and replaced the Clean Power Plan as a means of regulating power plants' greenhouse gas emissions. A group of public health petitioners sought review of the rule'...

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 “...

In re Murray Energy Corp.

The D.C. Circuit dismissed petitions for review challenging EPA's anticipated rule restricting carbon dioxide (CO2) emissions from existing power plants. On June 18, 2014, EPA proposed a rule to restrict CO2 emissions from existing coal...

Delaware Department of Natural Resources v. Environmental Protection Agency

The D.C. Circuit reversed and vacated a portion of a January 2013 rule in which EPA revised the NESHAPs and new source performance standards for backup generators. Specifically, the court held that EPA acted arbitrarily and capriciously...

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...

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