"On October 10, 2017, the Environmental Protection Agency (EPA) issued a proposal to repeal the Obama Administration's 2015 rule, 'Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (EGUs)' (commonly referred to as the Clean Power Plan (CPP) rule). [...] The CPP has not gone into effect because the Supreme Court in 2016 stayed the implementation of the rule until the lawsuit challenging its legality is resolved. Upon its review of the CPP and its 2015 legal justification, EPA has now determined that the CPP exceeds its statutory authority based on a change in the agency's legal interpretation of Section 111 of the Clean Air Act (CAA). The proposal formally starts a potentially lengthy process to repeal the CPP and raises questions about whether EPA will replace the CPP with another rule targeting CO2 emissions from existing power plants and how the repeal will affect existing legal challenges to the CPP. This Sidebar will explore these and other questions and the next steps in repealing the CPP."
CRS Legal Sidebar, October 25, 2017
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html