Peter Tomasi Discusses SCOTUS’ Latest Ruling on EPA Authority

Foley & Lardner LLP Of Counsel Peter Tomasi is quoted in a Utility Dive article titled, “EPA retains tools to cut power sector GHG emissions despite Supreme Court curbing its authority: attorneys,” discussing the recent U.S. Supreme Court ruling that limits the Environmental Protection Agency (EPA)’s authority to curb power plant emissions.

Tomasi noted that, “the decision bars the expansive approach to carbon regulation adopted by the Clean Power Plan, which required ‘beyond the fence line’ actions for compliance.” He also acknowledged that “as a practical matter, this opinion does not appear likely to substantially alter the current transition from fossil to renewable generation.” Moving forward, this ruling can “allow the EPA to craft a newer rule more narrowly targeted to individual facilities requiring something more than emission controls,” Tomasi said.