Marley R Kimelman

Marley R Kimelman

July 21, 2022 | The Legal Intelligencer

High Court Narrows EPA's Authority to Regulate Greenhouse Gas Emissions Under Section 111(d) of the Clean Air Act

The majority found that the term "best system of emission reduction" does not include a regulatory scheme that requires shifting power generation from coal to natural gas and renewable or other zero-emitting sources. While a narrow holding, this decision will impact the Biden administration's coming regulations regarding power plants and many future rulemakings as well.

By Gina N. Falaschi and Marley R. Kimelman

10 minute read