EPA's Continued Regulatory Barrage on Fossil Fuel-Fired Electric Generation

EPA has unveiled yet another in a series of actions aimed at regulating electric generating units, and in particular, fossil fuel-fired generation. This latest proposal, EPA’s “Clean Power Plan,” exercises authority under Section 111(d) of the Clean Air Act to reduce greenhouse gas (“GHG”) emissions from existing fossil fuel-fired electric generating units. In a related action on the same day, EPA proposed GHG performance standards for modified and reconstructed fossil fuel-fired electric generating units pursuant to Section 111(b) of the Clean Air Act.