March 01, 2016

Clean Power: A Federal Plan for Indian Country?

Dean B. Suagee

The Clean Power Plan (CPP), the Obama administration’s initiative to use the authority of the U.S. Environmental Protection Agency (EPA) under the Clean Air Act (CAA) to regulate emissions of carbon dioxide (CO2) from existing fossil fuel-fired electric utility generating units (EGUs), was published as a final rule on October 23, 2015. 80 Fed. Reg. 64,661. In keeping with the cooperative federalism approach of the CAA, the CPP provides for implementation through state plans, subject to EPA approval.

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