EPA Adopts Risky Legal Stance In ACE To Limit Air Act GHG Authority

EPA’s just-issued Affordable Clean Energy (ACE) rule, which seeks to replace the Obama-era Clean Power Plan (CPP), adopts a risky legal interpretation arguing that the agency is prohibited from issuing the types of broad greenhouse gas standards that were included in the CPP in a bid to block a future administration from re-imposing similarly expansive requirements. In the June 19 final ACE rule , EPA takes a narrow read of its authority under section 111 of the Clean Air Act...