On October 23, the new Environmental Protection Agency (EPA)
Clean Air Act Rules for greenhouse gas (GHG) emissions from
existing electric generating utilities were published in the
Federal Register. See Carbon Pollution Emission Guidelines
for Existing Stationary Sources: Electric Utility Generating Units,
80 Fed. Reg. 64662 (Oct. 23, 2015) (to be
codified at 40 C.F.R. Part 60). This starts the clock on possible
challenges in the D.C. Circuit Court of Appeals, with 60 days to
appeal the "Clean Power Plan" for existing sources. Prior
challenges by some states and industries were dismissed as
premature. See, In re Murray Energy Corp., 788
F.3d 330, 2015 BL 180996 (D.C. Cir. 2015).
EPA also promulgated a proposed rule for a federal
implementation plan for GHG emissions from new electric utility
generating units. See Federal Plan Requirements for
Greenhouse Gas Emissions From Electric Utility Generating Units
Constructed on or Before January 8, 2014; Model Trading
