As anticipated, on October 10 the EPA signed a proposed rule to repeal the Clean Power Plan rules for existing stationary sources. The proposed rule concludes that the Clean Power Plan exceeds EPA’s authority under Section 111(d) of the Clean Air Act by regulating emissions by (among other approaches) substituting generation from lower-emitting existing natural gas combined cycle units and zero-emitting renewable energy generating capacity.
Rather, EPA has now determined that
EPA Administrator Scott Pruitt has announced his intention to act today to sign a proposed rule that would “withdraw the so-called Clean Power Plan of the past administration.” This move by the agency is no surprise, given President Trump’s campaign promises to bring back coal and Pruitt’s lawsuit challenging the rule filed in his capacity as the Oklahoma Attorney General.
The goal of the Clean Power Plan rules is to significantly limit
Earlier today, the U.S. Court of Appeals for the D.C. Circuit issued an order granted EPA’s motion to hold the Clean Power Plan litigation in abeyance while EPA reviews the carbon pollution emission guidelines for existing power plants and the standards of performance of new, modified, and reconstructed power plants and, if appropriate, publishes proposed rules suspending, revising, or rescinding those rules. Review of the rules is required by President Trump’s Executive Order targeting climate change regulation (discussed further here).
The motion for abeyance was opposed by numerous parties, including cities and states; Calpine Corporation and municipal power companies; the American Wind Energy Association and Solar Energy Industries Association; and environmental organizations. They argued that
The U.S. Environmental Protection Agency (EPA) has issued a request for comment soliciting input from the public regarding existing environmental regulations that might be appropriate for repeal, replacement, or modification consistent with President Trump’s executive order regarding enforcing his regulatory reform agenda.
That order directed federal agencies to form
A memorandum issued by the U.S. Environmental Protection Agency’s acting chief financial officer proposes program cuts to accommodate the Trump Administration’s proposed 31% budget reduction for FY 2018. The memo states that this resource level will require evaluating EPA’s priorities and “thinking differently about the best ways to accomplish [its] core statutory responsibilities.”
The proposed cuts make it clear that regulation of climate change or carbon pollution is no longer
Fulfilling repeated campaign pledges to roll back the Obama administration’s climate change initiatives, President Trump signed a sweeping executive order yesterday targeting key Obama-era regulations, including the Clean Power Plan and emission standards for the oil and gas industry. The executive order states that it is in the interest of the nation to promote development of energy resources “while at the same time avoiding regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation.” The multi-faceted approach taken by the order makes it clear that this Administration views any regulation of climate change or carbon pollution as “unnecessary.”
In his opening statement at the Senate confirmation hearing for his appointment to the role of EPA Administrator, Scott Pruitt stated that he will build on progress “in promoting a healthier environment and stronger economy for future generations by focusing on three core philosophies: rule of law, cooperative federalism, and public participation.” Each of those philosophies would return EPA’s authority to its “core mission of protecting the American people through common sense and lawful regulations.”
With respect to the rule of law, Pruitt noted that EPA’s role is limited by statute and criticized the agency for
On January 11, 2017, EPA published notice of its intention to publish a notice of proposed rulemaking establishing financial responsibility requirements under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for facilities in the chemical manufacturing (NAICS 325), petroleum and coal products manufacturing (NAICS 324), and electric power generation, transmission, and distribution (NAICS 2211) industries. CERCLA Section 108(b) regulations require regulated classes of facilities to demonstrate to EPA that they have
President-elect Donald Trump’s appointment of Oklahoma Attorney General Scott Pruitt confirms that the Trump administration and its appointees will not continue to support attempts by the U.S. Environmental Protection Agency (EPA) to address climate change. Pruitt, who has referred to the debate regarding global warming as “far from settled,” has filed several lawsuits against EPA challenging regulations that limit such emissions from the coal, oil, and natural gas industries, including an EPA rule implementing the Clean Power Plan by requiring states to
On December 16, the U.S. Environmental Protection Agency (EPA) issued its widely anticipated final report on the impacts to drinking water sources from hydraulic fracturing. In its final report, the EPA backed away from its earlier conclusion that fracking has not caused “widespread, systemic” impacts to drinking water, instead concluding that fracking activities can impact…
