Clean Power Plan

Resources on the Clean Power Plan

and EPA’s Other Rulemakings under Clean Air Act § 111

On August 3rd, EPA released its long-awaited Clean Power Plan, which implements Clean Air Act § 111(d) to set the first-ever national standards for carbon emissions from existing fossil-fuel-fired power plants. The Clean Power Plan calculates reasonably achievable performance rates for existing coal, oil, and natural gas power plants across the country, and assigns an …

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As Predicted, Premature Suit to Block Clean Power Plan Implementation Fails

Petitioners don’t meet standards for extraordinary writs

The case filed by 15 disgruntled states, led by West Virginia, seeking to block the implementation of the Clean Power Plan has been dismissed by the D. C. Circuit Court of Appeal as premature.  Here’s an explanation of the legal and political basis for the lawsuit.   As predicted when the states filed the lawsuit, …

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Guess Who Benefits From Regulating Power Plants

The answer will surprise you.

What parts of the country benefit most from the series of new EPA rules addressing pollution from coal-fired power plants?  The answer is not what you think. EPA does a thorough cost-benefit analysis of its regulations but the costs and benefits are aggregated at the national level. In a new paper, David Spence and David Adelman from the University …

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Dueling Laws and the Clean Power Plan

EPA has shifted its position toward more readily defensible ground.

One of the most serious legal challenges to EPA’s Clean Power Plan — and probably the only one that could completely derail it — involves an exceptionally abstruse legal issue.  When Congress tried to amend an obscure part of the Clean Air Act, someone screwed and two different versions were included in the final law. That …

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Coal States File Premature Petition to Block Clean Power Plan

AGs Sue For Tactical and Political Reasons Even Though Their Legal Case is a Loser

Attorneys General from 15 states, led by West Virginia, filed a petition in federal court yesterday to block the Clean Power Plan (CPP) from going into effect.  The filing seems to be more tactical and political than a serious legal claim:  the Environmental Protection Agency has yet to publish the rule in the Federal Register …

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Politics v. Legality and the Clean Power Plan

EPA’s Final Plan Changes State Targets, With New Winners and Losers

When the President released the final version of the Clean Power Plan last week, it contained a number of big alterations to the draft plan.  One of the most significant changes  was the way each state’s greenhouse gas emissions target was calculated.  The bottom line is that — generally — states more heavily reliant on …

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Why legal challenges to the EPA Clean Power Plan will end up at the Supreme Court

Cross-posted from The Conversation. Even before President Obama announced the Environmental Protection Agency’s (EPA) Clean Power Plan on August 3 to regulate carbon emissions from power plants, there were a number of legal challenges to block the law at its proposal stage – none of them successful. Earlier this year, the DC Circuit Court told …

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Guess What? The Clean Power Plan Isn’t Going to Destroy America After All.

Compliance isn’t turning out to be that much of a burden.

Here’s the headline from the Washington Post: “Outrage over EPA emissions regulations fades as states find fixes.”  Senator Mitch McConnell has been telling all and sundry the plan will be a disaster and states should refuse to have anything to do with it.  But even in his home state, according to the Post, the Clean …

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Industry Will Try To Keep The Clean Power Plan From Taking Effect Pending Court Decision on Its Legality

Lobbyist Spin Has Begun

It’s no secret that the minute the Clean Power Plan is finalized (expected in the next couple of months), industry will sue to invalidate it.  But before a court decides whether the Plan —  which is designed to cut carbon emissions from the power sector by 30 percent — is legal under the Clean Air …

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What’s at Stake in Michigan v. EPA, the U.S. Supreme Court Hazardous Air Pollutant Case?

Decision expected in next few days

Although  King v. Burwell (the Affordable Care Act case) and Obergefell v. Hodges (the same sex marriage case) are garnering more attention, sometime between tomorrow and Monday  the Supreme Court will also hand down its decision in Michigan v. EPA.  In the Michigan case, the Court will decide whether EPA’s Clean Air Act rules to regulate hazardous air pollutants …

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