Familiar Territory: A Survey of Legal Precedents for the Clean Power Plan
4 Pages Posted: 2 Mar 2016
Date Written: March 1, 2016
Opponents of the Clean Power Plan claim that it is unprecedented because it relies on beyond-the-fenceline measures, uses the availability of such measures to determine the stringency of its emission guidelines rather than just as a compliance technique, shifts energy generation from relatively dirtier sources to relatively cleaner sources, and authorizes broad trading schemes in the absence of congressional authorization. Contrary to these claims, we show that there are precedents for each of these regulatory features in EPA rules adopted over decades by administrations of both political parties.
Keywords: Environmental Protection Agency, Clean Power Plan, emission guidelines, regulation
JEL Classification: K, K23, K32
Suggested Citation: Suggested Citation