In recent months, the EPA has issued three proposals using similar strategies: the proposal to replace the Clean Power Plan with the Affordable Clean Energy (ACE) rule, the proposal to define the “waters of the United States” (WOTUS) under the Clean Water Act and the proposal to withdraw the supplemental “appropriate and necessary finding” for the Mercury and Air Toxics Standards (MATS). Underpinning all three proposals is an extremely narrow interpretation of statutory text that excludes any of the usual rulemaking considerations under the Clean Air Act and Clean Water Act.
March 14, 2019