WASHINGTON, D.C., January 19, 2021 — Today, national business group Advanced Energy Economy (AEE) reacted to the news that the U.S. Court of Appeals for the D.C. Circuit rejected the Environmental Protection Agency (EPA) argument under the Trump administration that the Clean Air Act constrains EPA to only regulate improvements that can be made onsite at coal-fired power plants. The court essentially directed EPA to start over with a new regulatory approach after finding that the Trump EPA's so-called Affordable Clean Energy (ACE) rule failed to provide adequate environmental and public health protections.
“The DC Circuit Court’s ruling rejecting the Trump Administration’s misguided ACE rule clears the way for the incoming Biden Administration to move forward with a plan that reduces carbon emissions and spurs the advanced energy industry forward,” said Jeff Dennis, managing director and general counsel at AEE. “Importantly, the court's opinion soundly rejects the Trump Administration's narrow view of the EPA's legal authority under the Clean Air Act, and faults the ACE rule for ignoring that the electric grid operates as a system and instead setting emissions standards based on what can be achieved at individual carbon-emitting power plants."
"This is exactly what we have argued throughout the Clean Power Plan and ACE litigation; the Clean Air Act requires the EPA to consider the emissions reductions that be achieved not just at individual carbon-emitting power plants, but also through retiring or reducing use of those plants and shifting generation to cleaner advanced energy technologies on the grid," said Dennis. "The Court’s decision confirms that the Biden Administration has powerful regulatory tools at its disposal as it takes on carbon regulation anew. We look forward to working with the EPA under President Biden on developing a solution that delivers results for consumers and our economy.”
- AEE Blog, "No ACE in the Hole: EPA Rule Would Force Narrow, Costly Path," is here.
- AEE Blog, "Clean Power Plan Is on Hold, But Utilities Are Planning for it Anyway," is here.