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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.

Power Sector

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  • Legal Analysis

Rolling Back the Mercury and Air Toxics Standards: Proposed Withdrawal of “Appropriate and Necessary”

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
  • Quick Takes

Preview: Mercury and Air Toxics Standards (MATS) – EPA Review

The Environmental Protection Agency (EPA) is expected to issue a proposal, possibly as early as this week, that will include options for re-opening MATS (See our MATS Rollback Tracker post for updates). Information we have been able to gather suggests that the EPA is considering options that directly or potentially eliminate the rule’s current pollution control requirements, and bar future additional emissions reduction requirements for toxic or hazardous air pollutants emitted by power plants.

December 17, 2018