EPA's Clean Power Play: Who Needs Congress?
The Electricity Journal, July 2014, Forthcoming
13 Pages Posted: 13 Jun 2014
Date Written: June 10, 2014
The much anticipated centerpiece of President Obama’s climate plan is finally here. The proposed rule — which the U.S. Environmental Protection Agency (EPA) calls its “Clean Power Plan” — would slash greenhouse gas emissions from existing power plants in this country by 30 percent from 2005 levels by 2030.
In this article, we provide a short overview of the proposal, attempt to show which states will be the most impacted, and analyze the three biggest legal questions facing the rule, with the aim of answering the question everyone is asking: Will EPA’s Clean Power Plan make it through the courts? We conclude that EPA’s legal justifications for its Clean Power Plan are tenuous, and as written, the courts are likely to overturn it — at least in part.
Keywords: Climate Change, Clean Power Plan, EPA, Power Plants, Clean Air Act, CO2, Greenhouse Gas
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