Clean Power Plan
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Legal & Regulatory
GOP Lawmakers Aim to Protect Coal and Gas-Fired Power Plants from EPA Rules
Forty-three Republican senators (along with one Independent) introduced a Congressional Review Act (CRA) resolution of disapproval on June 5 to overturn emissions rules issued by the Environmental Protection Agency (EPA), which they say target existing coal-fired power plants and new gas-fired plants. The action was led by U.S. Sen. Shelley Moore Capito (R-W.Va.), Ranking Member […]
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Legal & Regulatory
Expect Legal Challenges to New EPA Rules on Emissions
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 […]
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Press Releases
America’s Power Statement House Environment Subcommittee Hearing on “Clean Power Plan 2.0: EPA’s Latest Attack On America’s Electric Reliability”
Washington, D.C. (June 6, 2023) – America’s Power President and CEO Michelle Bloodworth issued the following statement regarding today’s House subcommittee hearing on the Environmental Protection Agency’s (EPA) proposed Clean Power Plan 2.0. The proposal imposes new carbon regulations on coal- and gas-fired power plants which provide 60% of the nation’s electricity: “For the second […]
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Legal & Regulatory
Carbon Capture Key to EPA’s New Power Plant Emissions Rule
The U.S. Environmental Protection Agency (EPA) has unveiled new greenhouse gas (GHG) standards for the nation’s power plants, moving to require both existing and new facilities to capture emissions of carbon dioxide (CO2) for the first time. The rule announced May 11, if implemented, would mean coal- and natural gas-fired power plants would have to […]
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Legal & Regulatory
Supreme Court Limits EPA Authority to Regulate Power Plant Emissions
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 […]
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Environmental
SCOTUS Hears Arguments on EPA’s Purview Over Power Plant GHG Emissions
The U.S. Supreme Court is hearing arguments on a landmark case that could determine whether the Environmental Protection Agency (EPA) has the authority to broadly interpret the Clean Air Act (CAA) to establish carbon emission standards for coal, oil, and gas-fired power plants. Arguments in West Virginia v. Environmental Protection Agency (No. 20-1530) presented to […]
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News
Court Kills Trump Rule on Power Plant Emissions
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 […]
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News
Nine Utility Companies Suing Trump Over Emissions Rule
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 […]
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News
22 States, Environmental Groups Mount Legal Challenges to EPA ACE Rule
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. […]
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News
Wheeler: Keeping U.S. Coal Sector Alive Will Benefit ‘International Environmental Protection’
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 […]
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News
EPA Finalizes ACE Rule, Replaces Clean Power Plan
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 […]
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News
EPA Will Issue Final Carbon Rules for Power Plants in June
The Environmental Protection Agency (EPA) plans to take final action to repeal the Clean Power Plan in June 2019, a federal court filing shows. The agency told the D.C. Circuit—in a May 6 status report—review of the Obama-era rule that sets the first carbon dioxide limits for existing power plants “continues to be a high […]
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News
Andrew Wheeler Confirmed as EPA Administrator
The Senate on February 28 officially confirmed Andrew Wheeler to be administrator at the Environmental Protection Agency (EPA) on a 52–47 vote, mostly along party lines. The nomination of Wheeler, a former coal lobbyist, was controversial, with many lawmakers and environmentalists criticizing his ties to the coal industry. Wheeler has held the role in an acting […]
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News
Clean Air Act Issues Congress Could Grapple With in New Session
While the Republican-led U.S. House and Senate in the 115th Congress was mainly focused on reviewing, for modification or repeal, several environmental rules issued under the Clean Air Act (CAA), the new Democrat majority in the House could focus on a slew of different measures, a new report from the Congressional Research Service (CRS) suggests. […]
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Infographics
THE BIG PICTURE: A Power Sector Carbon Decline
The U.S. Environmental Protection Agency (EPA) suggests that if states fully implement the Affordable Clean Energy (ACE) rule—which it proposed in August 2018 to replace the 2015 Clean Power Plan—by 2025, U.S. power sector carbon dioxide emissions could be about 34% below 2005 levels. At the end of 2016, they had fallen 24%, and by the end […]
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Legal & Regulatory
EPA Schedules One Hearing on Proposed ACE Rule
The U.S. Environmental Protection Agency (EPA) on September 10 announced it will hold one hearing to get input from the public and stakeholders on its Affordable Clean Energy (ACE) rule, the Trump administration’s replacement for the Obama-era Clean Power Plan (CPP). The EPA said it has scheduled an all-day hearing October 1 at the Ralph […]
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Legal & Regulatory
California Mandates 100% Renewable Energy
California Gov. Jerry Brown on September 10 signed into law a measure requiring the state to produce all its electricity from renewable sources by 2045. It’s a goal that also has been set by Hawaii and is being discussed by other states. Environmental groups and renewable energy advocates immediately praised Brown’s action. Utilities operating in […]
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Legal & Regulatory
Several States Urge Federal Court to Rule on Clean Power Plan
Seventeen states have asked the U.S. Court of Appeals for the D.C. Circuit to reject the Trump administration’s efforts to further delay the court’s decision on legal challenges to the Clean Power Plan. In a filing with the court on September 4, the attorneys general of California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, […]
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Legal & Regulatory
THE BIG PICTURE: Trump’s Regulatory Targets
President Trump campaigned on a promise to reduce regulation and control regulatory costs. One of his first actions after taking office was to issue an executive order calling for the elimination of two existing regulations for every one new regulation issued. Toward that end, the Trump administration has acted or sought to reverse more than […]
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Legal & Regulatory
Coal’s ACE in the Hole? New Rule Still Faces Headwinds
The Trump administration has extended a potential lifeline to coal-fired power plants with its Affordable Clean Energy (ACE) rule. Now the debate is about how much the plan will actually help coal generation. Energy analysts and other industry experts who spoke with POWER on August 28 say the new rule, which would give individual states the […]
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Legal & Regulatory
What Coal Generators Should Know About the EPA’s Proposed ACE Rule
The Environmental Protection Agency’s (EPA’s) Affordable Clean Energy (ACE) rule is proposed to replace the 2015 Clean Power Plan—which the Supreme Court stayed in February 2016 and never went into effect. According to the EPA, the replacement is necessary because the Obama-era Clean Power Plan “exceeded the EPA’s authority.” However, like the Clean Power Plan, […]
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Legal & Regulatory
Trump Emissions Plan Aims to Boost Coal-Fired Power
The Trump administration has proposed an overhaul of U.S. power plant emissions rules, unveiling a plan that would allow individual states to determine how they will regulate pollutants. The proposal, called the Affordable Clean Energy (ACE) plan and discussed during the keynote address at the MEGA Symposium in Baltimore, Maryland, on August 21, would essentially dissolve […]
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Legal & Regulatory
A Brief History of the Clean Power Plan (VIDEO)
The Environmental Protection Agency (EPA) released a proposed rule to replace the Clean Power Plan—a rule regulating greenhouse gas emissions (GHG) from existing coal-fired power plants. The new “Affordable Clean Energy” rule sets GHG guidelines for states to set standards for performance for existing coal-fired power plants. The proposal is the newest development in a […]
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Legal & Regulatory
States Would Set Rules Under Trump Emissions Plan
A report from POLITICO says the Trump administration’s rollback of the Obama-era Clean Power Plan (CPP) would give individual states more leeway to set their own rules governing emissions from power plants. POLITICO, which covers politics and policy both in the U.S. and internationally, said its review of a draft document, and information from a […]
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Commentary
What’s Next for the Clean Power Plan?
“The Trump administration is listening to the people of Wyoming,” remarked Sen. John Barrasso (R-Wyo.), chairman of the Senate Committee on Environment and Public Works. His comment referenced a
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Legal & Regulatory
SCOTUS Sends Controversial WOTUS Rule into More Legal Limbo
The U.S. Supreme Court unanimously reversed and remanded a rule the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers rolled out in 2015 that asserts federal authority over small bodies of water with a broader definition of the statutory term, “waters of the U.S.” (WOTUS). In a ruling for National Association of […]
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Legal & Regulatory
Don’t Let EPA Stall on Clean Power Plan, 17 States Tell Federal Court
The Environmental Protection Agency’s (EPA’s) recent request that the D.C. Circuit hold a case challenging the Clean Power Plan in additional abeyance until it concludes rulemaking has been strongly opposed by 17 states and several cities. The EPA, in its latest 30-day court-required status report filed on January 10, asked the federal court for continued […]
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Legal & Regulatory
EPA Seeks Input on Potential Clean Power Plan Replacement
The Environmental Protection Agency (EPA) is considering drafting a replacement of the Obama administration’s Clean Power Plan. The agency on December 18 published an Advance Notice of Proposed Rulemaking (ANPRM) soliciting comments from the public on how the replacement should look. The ANPRM is separate from the agency’s current effort to repeal the current rule. […]
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Coal
Pruitt: EPA Rule to Replace the Clean Power Plan Is Coming
Environmental Protection Agency (EPA) Administrator Scott Pruitt told House lawmakers on December 7 that the agency will introduce a rule to replace the Obama administration’s legacy Clean Power Plan. Pruitt told Rep. Raul Ruiz (D-Calif.) in a brief exchange, during a hearing before the House Energy and Commerce Committee Subcommittee on Environment held on Thursday […]
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Commentary
Rescinding Clean Power Plan a Positive Step Toward Free Market for Electricity
The Environmental Protection Agency (EPA) in early October announced it would rescind yet another signature Obama administration policy: the electricity regulation known as the Clean Power Plan (CPP). As with