Section 111

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 …


Is EPA Delaying Clean Power Plan Rule to Modify the Proposed Rule for New Power Plants?

EPA announced this week that it will delay issuing both its final Clean Power Plan for greenhouse gases emitted from existing power plants as well as proposed rules for new coal and natural gas fired plants.  The agency said it needs the extra time to respond to the 4 million comments it received and to …


EPA and the social cost of carbon

This is Part I of a two-part series of posts discussing Eric Posner’s critiques of the role of cost-benefit analysis in climate regulation.  The social cost of carbon (SCC, for policy wonks) represents the cost, in today’s dollars for the harm of emitting a ton of carbon dioxide equivalent gas into the atmosphere. Recently, the …


Lots of Rhetoric, Not Much New in Obama’s Climate Plan

The Obama Administration just released a “Climate Action Plan” to accompany the speech the President will give this morning at Georgetown University.  I applaud the President for delivering a speech devoted exclusively to climate change.  But for all the hooplah surrounding the President’s speech as “major,”  the measures he’s proposed in the new plan  to …


What EPA should do with its delayed performance standards for GHGs

On September 15, EPA announced that it would not meet its September deadline for proposing performance standards for greenhouse gas (GHG) pollution from power plants. (That is the second delay; this proposal was originally scheduled for July 2011.) Some are asking if this delay is a big deal, and several environmental leaders sent President Obama …