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EPA Initiates Reviews of Three Clean Air Act Regulations, Following President Trump’s “Promoting Energy Independence and Economic Growth” Executive Order

A week after President Trump signed an Executive Order directing agency review of various energy-related regulations (see March 28, 2017, B&D alert here), the Environmental Protection Agency (EPA) announced that it is initiating review of three such regulations under Clean Air Act.  The announcements were published on the Federal Register on April 4, 2017.

The three regulations to be reviewed by EPA are the Clean Power Plan limiting carbon dioxide emissions from existing utilities; the Clean Air Act section 111(b) new source performance standard (NSPS) limiting carbon dioxide emissions from new electric generating units (the companion “New Source Rule” to the Clean Power Plan); and the 111(b) NSPS limiting methane and VOC emissions from new oil and gas operations.  President Trump in his Executive Order specifically directed EPA to review these three regulations and, if appropriate, “suspend, revise, or rescind” them.

In all three announcements, EPA stated that it has “well-grounded” legal authority to revisit past regulations in the context of administrative change and policy reevaluation. EPA also indicated that any potential suspension, revision, or rescission of the subject regulations would be implemented through a rulemaking process that is transparent, follows the appropriate procedures, employs sound science, and is consistent with the law and the Executive Order.

EPA’s announcements show that the Agency’s leadership intends to follow the President’s directive. That regulatory path forward is complicated by ongoing litigation on the existing rules, particularly on the Clean Power Plan, and subsequent judicial developments may constrain EPA’s options.  Stakeholders should closely monitor EPA’s progress in reviewing these rules and participate in any future rulemakings to build a robust administrative record.

© 2020 Beveridge & Diamond PC National Law Review, Volume VII, Number 99
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About this Author

James M. Auslander Natural Resources & Project Development Attorney Beveridge & Diamond Washington, DC
Principal

James (Jamie) M. Auslander's legal practice focuses on project development, natural resources, and administrative law and litigation.

Mr. Auslander co-chairs Beveridge & Diamond’s Natural Resources and Project Development Practice Group, including its Energy Practice. He focuses on complex legal issues surrounding the development of oil and gas, hard rock minerals, renewable energy, and other natural resources on public lands onshore and on the Outer Continental Shelf. He frequently litigates appeals before federal courts and administrative bodies regarding rulemakings, permits...

202-789-6009
David M. Friedland Air Pollution Attorney Beveridge & Diamond Washington, DC
Principal

David’s practice touches every aspect of the regulation of air pollution under the Clean Air Act and state and local air pollution statutes and regulations.

On the regulatory side, he has helped companies and trade associations prepare comments on scores of proposed rules including revisions to the ozone and particulate matter NAAQS, several rounds of PSD/NSR regulations (e.g., the WEPCO rule in 1992, the NSR Reform rule in 2002, the equipment replacement rule in 2003, and the Duke hourly rate rule in 2006), numerous MACT standards (e.g., the boiler, commercial and industrial solid...

202-789-6047
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