The Clean Power Plan: Issues to Watch
Center for Progressive Reform Issue Alert, No. 1506, August 2015
GWU Law School Public Law Research Paper No. 2015-50
92 Pages Posted: 12 Nov 2015 Last revised: 9 Jan 2016
Alice Kaswan
University of San Francisco - School of Law
William W. Buzbee
Georgetown University Law Center
David M. Driesen
Syracuse University College of Law
Kirsten H. Engel
University of Arizona - James E. Rogers College of Law
Victor Byers Flatt
Case Western Reserve University School of Law
Robert L. Glicksman
George Washington University - Law School
Emily Hammond
George Washington University - Law School
Alexandra B. Klass
University of Michigan Law School
Thomas Owen McGarity
University of Texas at Austin - School of Law
Melissa Powers
Lewis & Clark Law School
Joseph P. Tomain
University of Cincinnati - College of Law
Date Written: August 1, 2015
Abstract
Although the Clean Air Act is an imperfect tool for addressing the nation’s greenhouse gas emissions, it is the only available federal mechanism for directly addressing power plant carbon emissions. The Obama Administration’s Clean Power Plan, published in final form in August 2015, tackles the challenge. This paper from the Center for Progressive Reform (CPR) compiles 13 separately authored essays from 11 CPR Member Scholars, each addressing a different topic related to the Clean Power Plan, and each representing the expertise and views of its individual author(s). Published in July 2015, just before the release of the final rule, the essays tee up key questions about the rule’s legality, implications for the energy sector, and a series of discrete implementation questions, including the role of cap-and-trade (and offsets), the nature and distribution of state targets, and implications for environmental justice.
Keywords: Environmental Protection Agency, Clean Power Plan, Clean Air Act, federalism, environmental justice, energy, cap-and-trade, offsets
Suggested Citation: Suggested Citation
Alice Kaswan (Contact Author)

University of San Francisco - School of Law ( email )
2130 Fulton Street
San Francisco, CA 94117
United States
(415) 422-5053 (Phone)
William W. Buzbee

Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
(202) 662-9402 (Phone)
David M. Driesen
Syracuse University College of Law ( email )
Dineen Hall
950 Irving Ave.
Syracuse, NY, NY 13244
United States
315-443-4218 (Phone)
315-443-4141 (Fax)
HOME PAGE: http://www.law.syr.edu/faculty/facultymember.asp?fac=12
Kirsten H. Engel

University of Arizona - James E. Rogers College of Law ( email )
P.O. Box 210176
Tucson, AZ 85721-0176
United States
520-621-5444 (Phone)
Victor Byers Flatt

Case Western Reserve University School of Law ( email )
11075 East Boulevard
Cleveland, OH 44106-7148
United States
Robert L. Glicksman

George Washington University - Law School ( email )
2000 H Street, N.W.
Washington, DC 20052
United States
202-994-4641 (Phone)
HOME PAGE: http://www.law.gwu.edu/Faculty/profile.aspx?id=16085
Emily Hammond

George Washington University - Law School ( email )
2000 H Street, N.W.
Washington, DC 20052
United States
Alexandra B. Klass

University of Michigan Law School ( email )
625 South State Street
Ann Arbor, MI 48109-1215
United States
Thomas Owen McGarity

University of Texas at Austin - School of Law ( email )
727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1384 (Phone)
Melissa Powers
Lewis & Clark Law School ( email )
10015 S.W. Terwilliger Blvd.
Portland, OR 97219
United States
Joseph P. Tomain

University of Cincinnati - College of Law ( email )
P.O. Box 210040
Cincinnati, OH 45221-0040
United States
513-556-6805 (Phone)
513-556-6265 (Fax)
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