Davis Wright Tremaine, LLP
Reprinted with permission. © 2017 Davis Wright Tremaine, LLP
Article was originally posted to DWT’s Energy & Environmental Law Blog
October 11, 2017
On October 10, 2017, EPA announced it is taking steps to repeal the Clean Power Plan (CPP), regulations put in place in 2015 which requires existing power plants to roll back their CO2 emissions by 2030. EPA is taking the unusual position that the agency exceeded its powers under the Clean Air Act when it created the CPP. The new EPA intends to look into its own powers and reconsider whether, when and how to issue a rule regulating greenhouse gases from existing facilities.
The process launched today begins a procedure which can, and likely will, take years to complete. The end result is unclear and likely will be determined by a court.