EPA Defends ‘Forward-Looking’ Power Plant GHG Standards Based On CCS

EPA in just-finalized power plant greenhouse gas standards is offering a broad defense of its key finding that carbon capture and storage (CCS) is an “adequately demonstrated” technology that can serve as the basis for strict standards in the rule, outlining the agency’s stance in one of the most prominent issues that will be raised in litigation. Critically, EPA asserts that “the case law interpreting section 111 [of the Clean Air Act] has also recognized that the [rule’s standard-setting formula]...