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ARTICLE · 24 FEBRUARY 2009

Weekly Climate Change Policy Update - February 23, 2009

Van Ness Feldman LLP
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Just Deserets? EPA Administrator Lisa Jackson said the agency would reconsider (but would not, at this point, stay the effectiveness of) the Deseret memo issued by her immediate predecessor.

United StatesEnergy and Natural Resources

Article by Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin Gallagher and Megan Ceronsky

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Commentary

Just Deserets? EPA Administrator Lisa Jackson said the agency would reconsider (but would not, at this point, stay the effectiveness of) the Deseret memo issued by her immediate predecessor. The memo asserted that new or modified power plants are not subject to CO2 emissions regulation under the Prevention of Significant Deterioration program under the Clean Air Act. This could be the opening gambit in EPA's exercise of regulatory authority over GHG emissions. It raises a question, however: what would be "best available control technology (BACT)" for a fossil fuel-fired power plant? . . . The Senate and the House are exploring different paths through energy and climate change legislation. The Senate seems prepared to move sequentially – with the Energy

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