Kirkland Alert Kirkland & Ellis LLP

EPA’s Greenhouse Gas Rules Overcome Major Obstacle to Implementation

The Environmental Protection Agency (“EPA”) recently provided its final rule1 to implement its regulation of greenhouse gas (“GHG”) emissions for stationary sources under the Clean Air Act (“CAA”).The final rule sets a significantly higher threshold for the amount of GHG emissions from a source that will initially trigger regulation than the proposed rules (75,000 tons/year v. 25,000 tons/year). Unfortunately, there is still no clear guidance or standard for the technology that regulated GHG emissions sources will need to utilize to control GHG emissions.