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Carbon Capture and the Information Quality Act
State-to-State (The Florida Bar Out of State Division (2014)
  • Brendan Burke
In January 2014, the U.S. Environmental Protection Agency (EPA) issued a proposed new source performance standard (NSPS) under the Clean Air Act for carbon dioxide (CO2) emissions from new or modified electric utility plants that will effectively require implementation of a process known as carbon capture and sequestration (CCS). The new rule would limit CO2, a previously unregulated greenhouse gas emission, from such generation facilities to a rate of 1,100 pounds per megawatt-hour. Energy producers, especially those employing coal-fired plants, are strongly opposed to these limits. In February 2014, the Center for Regulatory Effectiveness sent a letter to the EPA administrator alleging that the proposed rule violates the Information Quality Act (IQA) in that it is based on scientific studies that were not peer-reviewed as required by the Office of Management and Budget’s regulations implementing the IQA. This paper will introduce the reader to the IQA and explain competing views as to the extent to which the IQA is legally binding. The paper will further analyze whether the science EPA used to develop the CCS rule is, in fact, a HISA, and to what extent the IQA may or may not apply.
  • carbon capture,
  • data quality act,
  • information quality act
Publication Date
Summer 2014
Citation Information
Brendan Burke. "Carbon Capture and the Information Quality Act" State-to-State (The Florida Bar Out of State Division Vol. Summer 2014 (2014)
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