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EPA's Clean Power Play: Who Needs Congress?

The Electricity Journal, July 2014, Forthcoming

13 Pages Posted: 13 Jun 2014  

Brian H. Potts

Foley & Lardner LLP

David R. Zoppo

Foley & Lardner LLP

Date Written: June 10, 2014

Abstract

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

Suggested Citation

Potts, Brian H. and Zoppo, David R., EPA's Clean Power Play: Who Needs Congress? (June 10, 2014). The Electricity Journal, July 2014, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2448217

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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