Bounded Regulation: How the Clean Power Plan Conforms to Statutory Limits on EPA’s Authority

Institute for Policy Integrity / by Richard L. Revesz, et al.
http://policyintegrity.org/files/publications/Bounded_Regulation_Policy_Brief.pdf

[Politico’s Morning Energy] EPA followed eight distinct requirements or constraints listed under Section 111(d) of the Clean Air Act when it crafted the Clean Power Plan, a trio from the New York University School of Law’s Institute for Policy Integrity write in a new paper, just two weeks before oral arguments before the D.C. Circuit. This encompasses some of the biggest fights over the rule, including whether the rule is achievable and whether EPA can require generation shifting. The paper argues that the CPP is not a “reckless power grab that opponents describe,” but rather a reasonable application of the law.

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