June 01, 2015

Clean Power Plan: Testing the Limits of EPA’s Clean Air Act Authority

Phillip F. Fargotstein and Rhett A. Billingsley

In June 2014, the U.S. Environmental Protection Agency (EPA) proposed a rule to reduce greenhouse gas (GHG) emissions from existing fossil fuel-fired electricity generating units (EGU). 79 Fed. Reg. 34,830 (2014) (Clean Power Plan). EPA also issued a proposal restricting GHG emissions from modified and reconstructed EGUs, 79 Fed. Reg. 34,960 (June 2014) and a proposal for EGU’s located in Indian country and U.S. territories. 79 Fed. Reg. 65,482 (Nov. 2014).

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