MENU

EPA’s Section 111(d) Carbon Rule: What if States Just Said No?

Federalist Society White Paper 20100607_EPAseal.jpg

This White Paper discusses the latest proposal of the Environmental Protection Agency to regulate greenhouse gases from the nation’s coal-fired power plants. In that proposal, promulgated under Section 111(d) of the Clean Air Act (CAA), EPA seeks to compel States to become the enablers of the Administration’s vision of what a “transformed”—and much more costly and unreliable—electric utility system should be.  The question is, what if States refuse to go along?  What if States refuse to give EPA the aggressive carbon-reduction plans the Agency is demanding?