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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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  • CleanLaw Podcast

CleanLaw — Unpacking the White House’s Legal Strategy for Attacking Environmental Protection

Jody Freeman, Carrie Jenks, and Ari Peskoe dive into the executive orders the president signed in April.

April 30, 2025

CleanLaw — Unpacking the White House’s Legal Strategy for Attacking Environmental Protection
  • Legal Analysis

The Trump Administration’s Aggressive Anti-Regulatory, Pro-Fossil Fuel Directives

Executive orders reflect the administration’s expansive view of executive authority.

April 23, 2025

The Trump Administration’s Aggressive Anti-Regulatory, Pro-Fossil Fuel Directives
  • 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 14, 2025

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

Mercury and Air Toxics Standards

The Biden EPA strengthened mercury standards for coal-fired power plants, which industry challenged in the D.C. Circuit. The Trump EPA provided exemptions to 68 power plants and EPA has slated the rule for rollback.

April 8, 2025

Mercury and Air Toxics Standards
  • Regulatory Tracker

Coal Ash Rule

The Biden EPA published a rule to safely manage coal ash at current and former power plant sites. On Mar. 12, 2025, EPA slated this rule for rollback.

March 20, 2025

Coal Ash Rule
  • Regulatory Tracker

Regional Haze Rule

EPA is reviewing Regional Haze state implementation plans. The Trump administration announced that it plans to restructure the Regional Haze Program.

March 20, 2025

Regional Haze Rule
  • 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.

March 12, 2025

  • Regulatory Tracker

National Ambient Air Quality Standards (NAAQS) Review

EPA sets NAAQS for six common and harmful pollutants: carbon monoxide, lead, PM, ozone, nitrogen dioxide, and sulfur dioxide.

March 12, 2025

  • Regulatory Tracker

National Ambient Air Quality Standards (NAAQS) for Ozone

In 2024, EPA agreed in an unopposed motion in the D.C. Circuit to review the ozone NAAQS.

March 12, 2025

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