Closing the Gap: Using the Clean Air Act to Control Lifecycle Greenhouse Gas Emissions from Energy Facilities

Colin Hagan, Vermont Law School

Abstract

In the midst of the U.S. Environmental Protection Agency’s ongoing efforts to regulate greenhouse gas emissions from power plants, this manuscript assesses whether the Clean Air Act authorizes EPA to require a lifecycle greenhouse gas analysis as part of the statute’s pre-construction permitting requirements. A lifecycle analysis calculates emissions from all processes directly and indirectly related to electricity generation. In this manuscript, I argue that requiring lifecycle greenhouse gas analysis will help identify cost-effective measures for reducing emissions and avoid unintended consequences from switching to low-emitting resources such as natural gas, biomass, or nuclear power.