EPA Seeks Comments On Clean Power Plan Replacement

Beth Viola is a Senior Policy Advisor and Joseph Donovan is a Partner and Isabel Lane is a Legislative Assistant in the Washington D.C. office

The U.S. Environmental Protection Agency (EPA) released an Advanced Notice of Proposed Rulemaking (ANPR) on Dec. 18, 2017, soliciting comments on its intention to propose a replacement rule for the Clean Power Plan (CPP). The ANPR maintains that the EPA possesses statutory authority to regulate carbon emissions from power plants, though it disagrees with the scope of such regulation as applied in the CPP. The EPA said it is "soliciting information on the proper and respective roles of the state and federal governments" in setting emissions limits on greenhouse gases (GHGs). The comment period on the ANPR will run for 60 days upon the ANPR's publication in the Federal Register.