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October 23, 2015
Clean Power Plan: Ready, Set, Litigate!

After being signed back on August 3, EPA’s Clean Power Plan (CPP) to reduce carbon emissions from existing power plants is finalized with today’s publication in the Federal Register.  When fully implemented in 2030, carbon pollution from the power sector will be cut by 32 percent below 2005 levels.  Also published in today’s Federal Register, are the standards to reduce carbon pollution from new and modified power plants.

power plant

Under the CPP, each state must develop a plan to meet its state-specific carbon emissions goals.  However, in meeting the goal, each state will have the flexibility to select the reduction measures it prefers.  State plans are required to be submitted by September 2016, with extensions of up to 2 years available for states that can demonstrate the need for more time.

Publication in the Federal Register signals the finalization of the rule, but it also serves as a starting line for the battle over its legality.  There is strong support both for and against these regulations, so the anticipated litigation over the Clean Power Plan is just beginning.

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