The CPP Meets SCOTUS

The Supreme Court recently issued a stay of the Clean Power Plan, the Obama Administration’s signature regulation addressing greenhouse gas (GHG) emissions from existing power plants.

The Clean Power Plan (CPP) imposed the first-ever national standards to limit carbon dioxide (CO2) emissions from existing power plants. The CPP relies on Clean Air Act (CAA) Section 111(d) and established interim and final CO2¬†emission performance rates for fossil fuel-fired (mainly coal or oil) electric generating units. States are required to develop and implement plans to ensure that power plants achieve the interim CO2 emissions performance rates over the period of 2022 to 2029 and the final CO2 emission performance rates by 2030. The initial state plan was due on September 6, 2016 with final, complete state plans submitted no later than September 6, 2018. Continue reading “The CPP Meets SCOTUS”

‘Emission Shaming’ – EPA’s Latest Compliance Tactic And How To Protect Yourself

Introduction

The Scarlet Letter, a book written over a century ago, is a tale in which public shaming was used to punish, modify behavior, and serve as a lesson for others. What is old is new again, as EPA has taken a page from Nathaniel Hawthorne to paint a regulatory scarlet “E” on otherwise law-abiding companies.

EPA claims that the number of inspections and enforcement actions will drop thirty to forty per cent over the next five years due to budgetary constraints. In response, and instead of relying on state environmental agencies, who EPA regarded as its ‘partners’ for years, to perform their traditional enforcement function, EPA seeks to radically change the federal inspection-enforcement paradigm. By making information about emissions public and readily accessible, it clearly seeks to induce a regulated entity to reduce its emissions (even if those emissions are within permitted levels) so that the entity will not be regarded in the community in which it operates as an excessive polluter. If a facility remains impervious to this ’emission-shaming’ tactic, the information in the hands of the public may also be used by environmental groups to file citizen suits or by plaintiff attorneys to support damage claims. Continue reading “‘Emission Shaming’ – EPA’s Latest Compliance Tactic And How To Protect Yourself”