The opinion does not specify what EPA can do nor does it affirm the Trump administration’s interpretation that EPA can only consider measures that can be applied at an individual source under Section 111(d). On June 30, 2022, the Supreme Court held that EPA lacked the authority to set an emissions cap for GHGs based on generation shifting. And, our founding director Professor Jody Freeman and Professor Richard Lazarus discussed the Supreme Court case West Virginia v. Circuit decision to vacate the Trump administration’s ACE Rule in a recent episode of our podcast. Our executive director Carrie Jenks spoke with expert Kevin Poloncarz about the appeals to the Supreme Court of the D.C.
29, 2021, the Court agreed to hear the case on the questions surrounding the statutory interpretation of section 111 related to the “major questions” doctrine, to consider whether Congress authorized EPA to set a standard that accounts for measures that reduce emissions from the electric system-including generation shifting and cap-and-trade programs-and whether EPA’s standard limits measures states may include in their compliance plans. Circuit held that EPA erroneously concluded that “the statutory text expressly foreclosed consideration of measures other than those that apply at and to the individual source.” Several states and industry petitioners filed a petition for writ of certiorari for the Supreme Court to hear the appeal of the D.C. The day before President Biden’s inauguration, the D.C. The Trump administration’s replacement, the Affordable Clean Energy (ACE) rule, was projected to reduce carbon emissions by 0.7% by 2030 as it relied only on heat-rate improvement technologies and practices. The rule allowed states flexibility to create their own plans to achieve the necessary reductions. The Clean Power Plan (CPP), finalized by the Obama administration, was projected to lower greenhouse gas (GHG) emissions from existing power plants 32% from 2005 levels by 2030. You can read more about GHG emissions reductions standards for new and modified power plants here. This tracker post focuses on the requirements for existing power plants. Once EPA promulgates new source performance standards under Section 111(b) of the Clean Air Act (CAA), EPA must also issue emission guidelines under Section 111(d) for existing sources’ emissions that are not already addressed under the CAA. Read our analysis of the decision and implications for EPA’s regulations here. EPA will now work to design a rule that reduces emissions without triggering the new major questions threshold established by the Court. EPA limits how EPA regulates GHG emissions from the power sector, but EPA retains the authority to regulate emissions. The Supreme Court’s recent decision in West Virginia v. If you’re a reporter and would like to speak with an expert on this rule, please email us. Click here to return to our Regulatory Tracker or here to sign up for our monthly Tracker email updates.
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