ACE Backers Reach ‘Gentlemen’s Agreement’ Not To Raise Key CPP Claim

Industry and state supporters of EPA’s Affordable Clean Energy (ACE) power plant greenhouse gas rule are expected to ignore a key argument they made against the Obama-era climate rule it is replacing, reaching a “gentlemen’s agreement” among themselves not to raise the issue in forthcoming litigation over the rule. However, at least one free-market group opposed to EPA regulating GHGs at all is likely to raise the issue in litigation. At issue is the argument that EPA is precluded from...