The Clean Power Plan and Statutory Interpretation: Is the 'Building Block' Approach Permissible Under §111(d)?

6 Pages Posted: 3 Jun 2015

See all articles by David Baake

David Baake

Natural Resources Defense Council

Date Written: June 1, 2015

Abstract

This Comment considers a key question of statutory interpretation concerning EPA's Clean Power Plan: whether section 111(d) of the Clean Air Act authorizes EPA to establish emission goals based on measures that are implemented “beyond the fenceline” of regulated power plants. The Comment demonstrates that this question is reasonably answered in the affirmative. Of particular relevance, Congress' 1977 endorsement of §111 standards based on fuel pretreatment processes -- "whether they occur at, or are achieved by, the source or by another party" -- indicates that emission goals under this section may reflect the ability of regulated sources to obtain credits for off-site activities that prevent emissions. Further, recent practice in the mobile source context illustrates the reasonableness of crediting low- or zero-emission output that is expected to substitute for high-emission output. The Comment concludes that EPA's 'building block" approach is permissible under section 111(d).

Keywords: clean power plan, 111(d), building block, renewable energy, energy efficiency, carbon pollution

JEL Classification: K32

Suggested Citation

Baake, David, The Clean Power Plan and Statutory Interpretation: Is the 'Building Block' Approach Permissible Under §111(d)? (June 1, 2015). Environmental Law Reporter, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2612958

David Baake (Contact Author)

Natural Resources Defense Council ( email )

1152 15th St NW #300
Washington, DC 20005
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
97
Abstract Views
794
rank
297,900
PlumX Metrics