The “Clean Power Plan” and Other Significant New Clean Air Act Developments

We will summarize and analyze three significant new Clean Air Act developments: 

• Clean Power Plan (CPP)
  On August 3, 2015, President Obama proclaimed his new CPP “the single most important step America has ever taken in the fight against global climate change.” To promote solar and wind power in place of coal, the CPP includes a massive final rule aimed at existing electric power plants, a final rule for new power plants, and a proposed “federal implementation plan” (FIP) for states failing to satisfy CPP mandates.
• Supreme Court Decision on Utility “MATS” Rule
  On June 29, 2015, the U.S. Supreme Court reversed EPA’s “Mercury and Air Toxics Standards” (MATS) rule for electric power plants, rejecting EPA’s claim that it had no duty to consider costs before initiating the rulemaking. 
• D.C. Circuit Decision on “Cross-State” Rule
  On July 28, 2015 the D.C. Circuit — considering issues left open by the Supreme Court’s 2014 EME Homer decision — reversed EPA’s emission standards for several states because the rules resulted in “overcontrol” for those states.

Our discussion will place primary emphasis on the new CCP, which departs in many significant ways from the CCP proposed in 2014.

Panelists

Brian H. Potts, Partner, Foley & Lardner LLP

Richard G. Stoll, Partner, Foley & Lardner LLP

Mark A. Thimke, Partner, Foley & Lardner LLP

About the Environmental Law Update Web Conference Series
Foley’s Environmental Law Update Web Conference Series provides participants with needed information in the most efficient manner possible — only a telephone line or Internet access are required to participate. Environmental leaders can stay up-to-date with timely information from anywhere in the nation.

This program is appropriate for experienced attorneys only. Attorneys admitted two years or less are not eligible to earn CLE credit through the completion of courses in nontraditional formats.

There is no cost to participate in this program, but pre-registration is required. We look forward to having you join us. For more information on registration, web conference log-in assistance, or to obtain CLE credit, please contact Ellie Kemmeter at ekemmeter@foley.com.

* Foley & Lardner LLP will apply for CLE credit after the program, wherever applicable. Foley & Lardner LLP certifies that this activity has been approved for California MCLE credits by the State Bar of California. Foley & Lardner LLP is a State Bar of California MCLE approved provider. New York licensed attorneys admitted two years or less are not eligible to earn CLE credit through nontraditional formats. This program is appropriate for experienced New York attorneys only. Certificates of attendance will be distributed to eligible participants approximately 8 weeks after the web conference via email.