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EPA Takes Action to Dismantle Clean Power Plan

EPA issued in yesterday’s Federal Register a notice that it has begun the process of reviewing the Clean Power Plan (CPP), with the goal of initiating proceedings to suspend, revise or rescind this rule.  This announcement follows on the heels of a notice published the day before announcing that EPA is withdrawing two major proposed rules related to implementation of the CPP: the proposed Federal Implementation Plan and Model Trading Rules and the proposed Clean Energy Incentive Program.   Since both rules had not been finalized, the Administration contends that they can be withdrawn without further notice and comment. 

Last week, the Justice Department asked the D.C. Circuit Court of Appeals not to issue a ruling on the pending CPP case, arguing that it should not proceed while the EPA is actively working to significantly change the regulation.  In addition, Administrator Pruitt informed state governors that states are no longer obligated to comply with the CPP.  It is likely that several states (e.g., California, Oregon, New York) will continue pursuing greenhouse gas reduction policies despite this communication from the EPA.  See CPP Review FR Notice, Withdrawal FR Notice and EPA News Release.  More Info: Jackson Morrill

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