The appellate court could potentially issue a ruling on EPA's appeal of a case over its mandate to review the employment impacts of its Clean Air Act rules before the legal deadline for completing the review.
Newly released emails from EPA Administrator Scott Pruitt's time as Oklahoma attorney general (AG) show several examples where he or top officials in his office coordinated with fossil fuel groups to target EPA's climate and air regulations, bolstering critics' claims that the new administrator is too close with industry.
West Virginia Attorney General (AG) Patrick Morrisey (R), one of the most ardent critics of EPA's power plant greenhouse gas rules, hopes that an executive order President Donald Trump is slated to sign will seek a broad rollback of the agency's rules for both new and existing sources, suggesting some uncertainty about the scope of the order.
As a federal appellate court prepares to rule on the legality of EPA's power plant greenhouse gas rule, supporters and critics say that how the court rules -- assuming it upholds the regulation -- could inform or affect the Trump administration's options for undoing or weakening the measure in a new rulemaking.
The Trump EPA is expected to soon begin weighing options for targeting the agency's power plant greenhouse gas rule, with sources saying the administration faces a dilemma in deciding whether to scrap the rule by reversing the agency's current interpretation of the so-called “112 exclusion,” or to retain the rule but significantly weaken its requirements.
Citing updated internal and third-party analysis, EPA is substantially downplaying the stringency of its landmark power plant greenhouse gas rule, arguing ongoing power sector trends will make compliance easier and cheaper than anticipated, just as the Trump administration is poised to take office and target the rule.
States intent on moving forward with greenhouse gas (GHG) regulation despite an expected slowdown at the federal level are looking to EPA's draft model trading rules for its power plant GHG standards as a resource to develop new or expand existing state clean energy initiatives.