The upshot is that if the EPA did pursue this course and was sustained by the courts, a future EPA would have to look for some other statutory basis to impose greenhouse gas regulations on the power sector. Given that the Clean Air Act was not designed to deal with greenhouse gas emissions, that may be difficult to do.Īlternatively, the EPA could replace the Clean Power Plan with a “skinny” version that is less onerous. The existing CPP’s goals were based on emissions reductions that could be achieved both by actions taken by fossil-fuel-powered plants themselves, and by emissions reductions obtainable through changes to the nature of a state’s overall electrical system.
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