On April 2, 2007, the U.S. Supreme Court, in deciding Massachusetts v. EPA, put climate change on the U.S. Environmental Protection Agency’s (EPA) agenda. Some five years later, we have our first look at how EPA intends to apply the Clean Air Act (CAA) to set technology-based caps or limitations for greenhouse gas (GHG) emissions from stationary sources within specific industries. Indeed, on April 13, 2012, EPA issued its highly anticipated proposed rule that, if adopted, would establish New Source Performance Standards (NSPS) for GHG emissions for fossil fuel-fired electric generating units (EGU).
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