Guided by prevailing interpretations and insight from the Supreme Court, the EPA likely made a reasonable interpretation of its authority to regulate GHGs pursuant to CAA section 111(d). Challenges to the Clean Power Plan based on the EPA’s interpretation of terms such as “system” and “guideline” will likely lose because Courts will show the EPA deference, and the EPA’s interpretations are thoroughly rationalized in the Plan. Facial challenges thus face a steep burden. Moreover, until states implement their Clean Power Plan guided performance standards in ways that cause extreme burdens to utilities or insufficiently aspire toward reduction goals, few challengers will prevail. Ultimately, none will likely affect the Clean Power Plan’s framework.
Available at: http://works.bepress.com/rick_waltman/2/