Coal plant generators will keenly eye legal challenges to ACE
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Report summary
Table of contents
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Likely complaint
- BSER for CO2 emissions from existing power plantsshould include outside the fence measures
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Possible rebuttal
- Outside-the-fence measures for emissions reductions are beyond what EPA may consider
- The ACE rule makes emissions worse because it is legally arbitrary and capricious
- EPA’s ACE rule is legally supportable and not arbitrary and capricious
- Courts may defer to statute language and Congressional intent to determine EPA authority
- The CPP exceeded the statutory authority of the Clean Air Act and had to be repealed
- Severing ACE and CPP could create logically inconsistent outcomes
- The basis for CPP repeal is separate from ACE and legal action is therefore severable
- EPA was wrong to change the baseline in its regulatory impact analysis
- 1 more item(s)...
- What if Democrats win political control in 2020?
- How will coal plants be impacted?
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