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V&E Climate Change Report - Special Issue: EPA's Proposed Greenhouse Gas ESPS

On June 18, 2014, the EPA published a proposal in the Federal Register to create greenhouse gas (GHG) emission standards for existing power plants under section 111(d) of the Clean Air Act (the existing source performance standards or ESPS). In setting the performance standards under the proposed rule, the EPA has for the first time required “beyond-the-fenceline” reductions, meaning that the GHG emission rate targets set in the rule cannot be met through installation of additional controls at affected power plants alone. This first-of-its-kind proposal will no doubt generate a significant volume of comments and subsequent litigation to determine whether the broad view of utility regulation EPA seems to adopt in its proposal reaches beyond the scope of the Agency’s legal authority under the Clean Air Act (CAA). This special issue of the Climate Change Report is devoted to EPA’s proposed ESPS and its potential consequences for the energy industry.

To access your copy of the special issue, follow this link. Features in this issue:

With approximately 700 lawyers, Vinson & Elkins guides clients in areas from project finance to IP protection to compliance audits, and the quality of our customer service is highly rated by respected, third-party publications. Today, your business may be tested by the regulatory and compliance challenges surrounding global climate change. With a more than 100-year history of offering knowledge and experience to clients worldwide, V&E can help you navigate those challenges.

For more information, please contact V&E lawyers Eric GrotenBen LippardLarry Nettles, or Margaret Peloso. Visit our website to learn more about V&E’s Climate Change practice or e-mail one of the practice contacts. 

This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.