On April 4, 2017, the Environmental Protection Agency (EPA) announced that it would review the Clean Power Plan (CPP) – which was issued with the intent to reduce carbon dioxide emissions from existing power plants – in accordance with President Trump’s March 26, 2017 Executive Order entitled “Presidential Executive Order on Promoting Energy Independence and Economic Growth.”
The EPA issued the Clean Power Plan in 2015 to require states to submit plans designed to limit carbon dioxide emissions from existing fossil fuel-fired power plants (aka existing generation units, or EGUs). Implementation of the Clean Power Plan was stayed by the Supreme Court on February 9, 2016 due to a case brought before the D.C. Circuit Court challenging the EPA’s legal authority and record to enact the CPP. That case is still pending. The recent Executive Order specifically directed the EPA to review and, if appropriate, initiate proceedings to suspend, revise, or rescind the Clean Power Plan. The EPA’s review was of the CPP was initiated accordingly.
Review of the Clean Power Plan, 82 Fed. Reg. 16,329 (proposed Apr. 4, 2017) (to be codified at 40 C.F.R. pt. 60), https://www.federalregister.gov/documents/2017/04/04/2017-06522/review-of-the-clean-power-plan.