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Justice Delayed — New Sources of Carbon Pollution and the Clean Power Plan
Justice Delayed — New Sources of Carbon Pollution and the Clean Power Plan
October 27, 2016
By Joel B. Stronberg
...On Oct. 13, plaintiffs challenging the U.S. Environmental Protection Agency’s authority to issue New Source Performance Standards (NSPS) offered oral arguments to the U.S. Court of Appeals for the District of Columbia Circuit in the case of North Dakota, et. al. v USEPA, et. al. Don’t be fooled by the name; the challengers in this instance are basically the same crew of states, industry and organizations challenging the EPA’s authority to regulate CO2 emissions from existing power plants in the Clean Power Plan case West Virginia v EPA.
Technically the latest challenge is not a direct shot at the CPP. Finalized last August by EPA, the new source standards limit carbon emissions from four types of electric generating units (EGUs): new and modified fossil steam EGUs; reconstructed EGUs; and, new combined-cycle combustion turbines.
The two rules, however, are inextricably linked in the Clean Air Act (CAA/Act). According to the Act, EPA can neither require existing generating units under section 111(d) to meet stricter requirements than new units nor can they regulate existing sources before new or modified plants under section 111(b).
Stated simply, EPA is prohibited by the Act from regulating existing plants before new/modified ones. Practically speaking, even if the limits under 111(d) are found constitutional, a successful challenge of the NSPS would prevent EPA from ever enforcing the CPP.
......
http://www.renewableenergyworld.com/articles/2016/10/justice-delayed-new-sources-of-carbon-pollution-and-the-clean-power-plan.htmlOctober 27, 2016
By Joel B. Stronberg
...On Oct. 13, plaintiffs challenging the U.S. Environmental Protection Agency’s authority to issue New Source Performance Standards (NSPS) offered oral arguments to the U.S. Court of Appeals for the District of Columbia Circuit in the case of North Dakota, et. al. v USEPA, et. al. Don’t be fooled by the name; the challengers in this instance are basically the same crew of states, industry and organizations challenging the EPA’s authority to regulate CO2 emissions from existing power plants in the Clean Power Plan case West Virginia v EPA.
Technically the latest challenge is not a direct shot at the CPP. Finalized last August by EPA, the new source standards limit carbon emissions from four types of electric generating units (EGUs): new and modified fossil steam EGUs; reconstructed EGUs; and, new combined-cycle combustion turbines.
The two rules, however, are inextricably linked in the Clean Air Act (CAA/Act). According to the Act, EPA can neither require existing generating units under section 111(d) to meet stricter requirements than new units nor can they regulate existing sources before new or modified plants under section 111(b).
Stated simply, EPA is prohibited by the Act from regulating existing plants before new/modified ones. Practically speaking, even if the limits under 111(d) are found constitutional, a successful challenge of the NSPS would prevent EPA from ever enforcing the CPP.
Plaintiffs’ Argument
......