On Tuesday, the D.C. Circuit vacated and remanded the Trump administration’s 2019 Affordable Clean Energy (ACE) rule. The ACE rule was intended as a replacement for the Obama-era Clean Power Plan (CPP). ACE was viewed as a significant rollback, especially since the CPP was one of the first major initiatives to reduce greenhouse gas emissions. The Court’s decision will send the U.S. Environmental Protection Agency (EPA) back to the drawing board, opening the door for the Biden administration to pursue its own rule-making agenda.
Section 7411 of the CAA
The ACE rule repealed the CPP and severely limited the ways in which greenhouse gas emissions could be regulated based on a new interpretation of Section 7411 of the Clean Air Act (CAA). Under the ACE rule, EPA interpreted Section 7411 of the CAA as requiring the agency to consider only control methods that could be applied at and to a stationary source, such as heat rate improvement technologies, when determining the best system of emission reduction. This interpretation was directly at odds with the CPP, which utilized control methods that were not applied at or to a physical source such as generation shifting.
Continue Reading DC Circuit Court vacates and remands the Trump administration’s Affordable Clean Energy rule