power plants

The Clean Power Plan Replacement Comes With a Major Change to NSR (Part 1)

Important pre-construction environmental review for power plant modifications at risk

Last month, I discussed a proposal before the House Energy and Commerce Subcommittee on Environment to amend the Clean Air Act to weaken pre-construction review for modifications to equipment at large stationary sources. Since then, the Subcommittee voted H.R. 3128 out on a party line vote, and it’s currently waiting for the full House Energy …

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Creating An Exit Strategy for Our Use of Natural Gas

To meet long-term greenhouse gas reduction goals, all fossil fuels have to go, even natural gas.

Coal is the climate’s Public Enemy #1. The use of natural gas has helped to ensure that the coal problem has not become even worse. Without natural gas, we would use more coal for space heating and for many more industrial processes than is currently the practice. Without natural gas, our reliance on coal for …

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Guest Blogger Kate Konschnik: The Debate about EPA’s Authority to Regulate Carbon Pollution is a Lot of Things – But Not These Things

Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own.

Clean Power Plan challengers have asked the D.C. Circuit to stay the rule pending litigation.  Today, industry and environmental groups supporting EPA will file their oppositions to this request.  The stay motions included the charge that EPA may not use Section 111(d) at all to curb pollution from existing power plants.  Dan Farber and I …

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Clean Power Plan Litigation Kick-Off

Flood of lawsuits follows publication of EPA rules to regulate power-plant GHGs

*Updated: Nov. 17, 2015* On Friday, October 23, 2015, the Federal Register formally published EPA’s rules to control greenhouse-gas emissions from fossil-fuel-fired power plants under the Clean Air Act. I described the basics of the rules after EPA released the unofficial text in August. The final text of the rule to regulate new and modified …

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Exploring Potential Challenges to EPA’s New Source Performance Standard: PART III

CCS for coal power plants, but not natural-gas power plants?

This post is the third in a mini-series (see first and second posts) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard …

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Is Carbon Capture & Sequestration (CCS) the Biggest Threat to the Clean Power Plan?

Exploring potential challenges to EPA’s New Source Performance Standard: PART I

This post is the first in a mini-series exploring likely legal challenges to EPA’s New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. I will leave detailed exploration of the Clean Power Plan for later posts, but suffice …

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Has EPA’s Proposed NSPS Expired?

Responding to claims that EPA must withdraw its proposed rules to control power-plant GHGs under CAA § 111

Challenges to EPA’s emergent program to regulate greenhouse gas (GHG) emissions under Clean Air Act section 111 continue to mount. Recently, the Attorneys General of 19 states sent a joint letter to EPA arguing that because EPA failed to finalize its proposed New Source Performance Standard (NSPS) for GHG emissions within one year—as the Clean …

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PART II – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions

The second in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation

This post is the second in a series of posts offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule.  (See the first post here.) Over the course of this series of posts, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the …

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California, climate change, and 111d

Four things the Golden State will note about EPA’s power plant proposal

Here are four aspects of the 111d proposal of particular note to Legal Planet’s home state. (1) California played a key role in helping to inspire — and to justify as lawful — EPA’s building-blocks approach to setting state goals.  EPA frequently refers to California’s suite of successful greenhouse gas mitigation programs as a partial model for …

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Judicial “Smoke Signals” and the 111(d) Rule

In an earlier post, I suggested that EPA’s decision about how broadly to write the final version of the 111(d) rule might be affected by the Supreme Court’s decision in the pending UARG case.  I made the suggestion without much explanation, and it apparently didn’t come across very clearly.  So I thought it would be worth …

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