ACE Rule

The U.S. Environmental Protection Agency (EPA) in May 2023 published a proposed rule that would establish new source performance standards (NSPS) and existing source performance standards (ESPS) for greenhouse gas (GHG) emissions from new, modified, reconstructed, and existing fossil-fuel fired electric generating units (EGUs). COMMENTARY The proposed rule, which EPA plans to promulgate pursuant to […]

The Environmental Protection Agency (EPA) is readying a regulatory sweep targeting more stringent limits on traditional pollutants that could accelerate coal power plant closures. A coal trade group estimates that even without new rules, 86 GW of coal generation is slated to retire by 2030. While the U.S. Supreme Court in June curtailed the EPA’s […]

The U.S. Supreme Court has curbed the Environmental Protection Agency’s (EPA’s) options for limiting emissions of greenhouse gases (GHG) from power plants, an important environmental decision that could impact the federal government’s authority to enforce other regulations. The court in a 6-3 vote, with conservatives in the majority, on June 30 said the EPA does […]

A federal appeals court has vacated the Trump administration’s rollback of Obama-era greenhouse gas emission standards for power plants. A three-judge panel of the U.S. Court of Appeals for the District of Columbia on Jan. 19 said the measure intended to replace those standards, the Affordable Clean Energy (ACE) rule, “rested critically on a mistaken […]

As we get closer to the presidential inauguration, and with President-elect Biden’s announcement of his Cabinet picks for the Department of Energy (DOE), Environmental Protection Agency (EPA), and the Department of the Interior (Interior), we begin the inevitable hypothesizing about which “Day 1 actions” will be taken, which actions will be among the administration’s “100 […]

Legal challenges to the Trump administration’s Affordable Clean Energy (ACE) rule began in earnest April 17, as more than two dozen states and cities, along with several environmental activist groups, filed briefs with the U.S. Court of Appeals in Washington, D.C., seeking a rollback of power plant regulations that also have been decried by coal […]

A coalition of nine utility companies is suing the Trump administration over its plan to replace the Obama-era Clean Power Plan. New York-based Consolidated Edison said the Affordable Clean Energy, or ACE, rule undermines efforts the companies already have in place to cut greenhouse gas emissions from power generation. The companies, who call their group […]

A coalition of 22 states and seven local governments on Aug. 13 filed a lawsuit against the Environmental Protection Agency (EPA) over its Affordable Clean Energy (ACE) rule, which the Trump administration finalized in June to replace the Obama administration’s legacy Clean Power Plan (CPP).  Separately, 10 public interest groups filed a petition on Aug. […]

Coal power, which has seen a marked decline in the U.S., is necessary for reliability and energy affordability, and sustaining it could boost pollution technology exports and “improve lives while driving down emissions worldwide,” said Environmental Protection Agency (EPA) Administrator Andrew Wheeler in a speech last week. Wheeler made the remarks at a 90-minute event […]

The Environmental Protection Agency (EPA) has issued a final Affordable Clean Energy (ACE) rule to formally replace the Obama administration’s controversial Clean Power Plan (CPP).  Like the CPP, the June 19–issued final ACE rule will regulate greenhouse gases (GHGs), and it will be founded firmly on the agency’s 2009 Endangerment Finding. However, the ACE rule focuses […]