EPA proposes rescinding greenhouse gas findings and power plant regulations

The Environmental Protection Agency (EPA) is moving to rescind greenhouse gas endangerment findings and repeal regulations for fossil fuel-fired power plants under Section 111 of the Clean Air Act. The agency's proposal suggests that the scientific claims underlying previous findings do not meet the necessary statutory thresholds for regulation.

In a supplemental notice of proposed rulemaking, the EPA has also introduced a “futility” argument. This internal assessment uses simplified modeling to suggest that regulating greenhouse gas emissions from these power plants would result in de minimis climate mitigation.

Legal debates continue regarding the interpretation of the Clean Air Act. Discussions center on whether Section 202(a) requires emissions to “cause or contribute significantly” to pollution or if the standard is whether emissions can “reasonably be anticipated to endanger public health or welfare.”