Will The EPA's Final Clean Power Plan Make It Through The Courts?

The Electricity Journal, October 2015, Forthcoming

13 Pages Posted: 9 Sep 2015

Date Written: September 8, 2015

Abstract

The U.S. Environmental Protection Agency's Clean Power Plan is finally here, and it's a completely different rule than the one the agency proposed last year. In our article, we explain in detail how the EPA set the new emission standards in its Plan and analyze whether the EPA's changes will help the agency's lawyers defend the Plan in court. Although we believe the Plan is illegal, we speculate that the final Clean Power Plan will ultimately be upheld by the U.S. Supreme Court.

Keywords: Clean Power Plan, Clean Air Act, Greenhouse Gases, CO2, Carbon Dioxide, Electricity, Power Plant, Coal, Natural Gas, Renewable, Solar, Wind, Energy Efficiency

Suggested Citation

Potts, Brian H. and Zoppo, David R., Will The EPA's Final Clean Power Plan Make It Through The Courts? (September 8, 2015). The Electricity Journal, October 2015, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2657745

Brian H. Potts (Contact Author)

Foley & Lardner LLP ( email )

150 East Gilman Street
Madison, WI 53701
United States

David R. Zoppo

Foley & Lardner LLP ( email )

3000 K Street, N.W.
Suite 600
Washington, DC 20037
United States

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