In light of EPA’s plan to regulate carbon emissions from coal-fired power plants, we wanted to highlight some of the work that HLS faculty have been doing around the issue. Professor Jody Freeman, Director and Founder of ELP, recently wrote a New York Times op-ed “Teaching an Old Law New Tricks” about the legal prospects of using the Clean Air Act to regulate greenhouse gases. Kate Konschnik and Ari Peskoe of the Environmental Policy Initiative published a paper about incorporating energy efficiency programs into the sec. 111(d) rule for existing power plants. Kate and Ari have also published a paper entitled Power Over Pollution: Exploring State Plan Enforcement Under EPA’s GHG Power Plant Rule. This paper describes compliance mechanisms proposed by EPA in the existing power plants rule, and surveys laws in four states to assess their potential to meet EPA’s proposed requirements. Lastly, Kate Konschnik guest blogged for Legal Planet discussing EPA’s statutory authority to issue the sec. 111(d) regulations.
