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Power Sector

EELP advises stakeholders on key regulatory design questions to support the development and implementation of effective and durable policies that enable the clean energy transition. We focus on EPA’s air, water, and waste regulations as well as FERC’s regulation of interstate electricity markets and transmission.

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  • Regulatory Tracker

New Source Review

EPA establishes the baseline requirements for new source review (NSR) permits, which are then issued by state and local air pollution agencies. In 2025 and 2026, EPA made changes to the NSR program easing permitting requirements.

May 11, 2026

New Source Review
  • Regulatory Tracker

Coal Ash Rule

EPA announced a final rule to delay deadlines for coal ash regulations.

April 30, 2026

Coal Ash Rule
  • Regulatory Tracker

Air Transport Rules: Cross-State Air Pollution Rule/Good Neighbor Plan Rule

The Clean Air Act’s Good Neighbor provision requires upwind states to ensure that their instate sources do not contribute to downwind states’ attainment of the NAAQS. On Mar. 12, 2025, EPA announced its plan to roll back the Biden administration’s Good Neighbor Plan, which the Supreme Court stayed in June 2024.

April 27, 2026

Air Transport Rules: Cross-State Air Pollution Rule/Good Neighbor Plan Rule
  • Quick Takes

EPA Finalizes Weakened Standards for OOOO Rules

Rule loosens requirements for flares and vent gas. EPA states the revisions are intended to provide flexibility to oil and gas operators.

April 10, 2026

EPA Finalizes Weakened Standards for OOOO Rules
  • Regulatory Tracker

Regional Haze Rule

Through two state plan approvals, EPA finalized a new policy that eases all states’ Regional Haze planning obligations. Environmental groups are challenging the approvals.

April 9, 2026

Regional Haze Rule
  • Regulatory Tracker

Mercury and Air Toxics Standards

EPA rescinded the 2024 mercury and air toxics standards (MATS) for power plants and reinstated the 2012 MATS.

March 30, 2026

Mercury and Air Toxics Standards
  • Legal Analysis

EPA’s Final Rule Rescinding 2024 MATS Rule and Reinstating 2012 Standards

The legal foundations, regulatory history, and contested cost-benefit rationale behind EPA’s repeal of the 2024 MATS rule.

March 18, 2026

EPA’s Final Rule Rescinding 2024 MATS Rule and Reinstating 2012 Standards
  • Regulatory Tracker

Implementation of 2015 Ozone National Ambient Air Quality Standards (NAAQS)

Under the Trump executive order Regulatory Freeze Pending Review, the Biden administration’s final rule setting deadlines for states to submit SIPs for nonattainment areas did not go into effect. On June 3, 2025, EPA announced its plans to reconsider the rule.

March 9, 2026

Implementation of 2015 Ozone National Ambient Air Quality Standards (NAAQS)
  • Regulatory Tracker

National Ambient Air Quality Standards (NAAQS) for Ozone

On March 12, 2025, EPA announced a reconsideration of the NAAQS.

March 9, 2026

National Ambient Air Quality Standards (NAAQS) for Ozone

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