EPA ability to regulate power sector GHG emissions at risk as Supreme Court takes case, analysts say

Read the full story at Utility Dive.

The Supreme Court’s decision to review a lower court’s ruling striking down Trump administration regulations governing greenhouse gas (GHG) emissions from power plants could limit the Environmental Protection Agency’s options for regulating the power sector, according to legal observers.

The high court on Friday agreed to review a January decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate the Affordable Clean Energy (ACE) rule, which the Trump administration used to replace the more stringent Clean Power Plan adopted during the Obama administration.

With a decision expected early next summer, the Supreme Court could prevent the EPA from regulating GHG emissions across broad generating fleets as the Obama rule tried to do and instead require it be done on a power plant-by-power plant basis, legal experts said.

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