D.C. Circuit Overturns Trump Administration Power Plant Rule

In 2015, the U.S. Environmental Protection Agency ("EPA") adopted the Clean Power Plan ("CPP") pursuant to Clean Air Act ("CAA") Section 111. The CPP set out guidelines to help states develop individual plans to limit carbon dioxide emissions from existing power plants. The CPP determined that the following combination of three emissions reduction methods form the "best system of emission reduction" ("BSER") to set emissions guidelines under CAA Section 111(a)(1): (i) heat rate improvements at the coal fired power plants; (ii) substitution of coal fired units with natural gas; and (iii) use of zero-emitting renewable sources. The CPP swiftly faced legal challenges, and the Supreme Court ultimately issued a stay, preventing it from going into effect.