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Article
Assessing EPA’s Authority to Regulate Greenhouse Gas Emissions under Clean Air Act Section 111 (d) & the Clean Power Plan
Villanova Environmental Law Journal (2015)
  • Rick A. Waltman, University of San Diego
Abstract

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.

Publication Date
Summer 2015
Citation Information
Rick A. Waltman. "Assessing EPA’s Authority to Regulate Greenhouse Gas Emissions under Clean Air Act Section 111 (d) & the Clean Power Plan" Villanova Environmental Law Journal (2015)
Available at: http://works.bepress.com/rick_waltman/2/