Freeman and Konschnik on the Clean Power Plan in The New York Times: A Climate Plan Businesses Can Like

In an op-ed published on August 3, Professor Jody Freeman and Kate Konschnik argue that “[m]any big players in the electric power industry will gain more with [ EPA’s Clean Power Plan ] in place than if the courts strike it down.” EPA’s Clean Power Plan sets the first-ever limits on carbon dioxide emissions from existing power plants. Regulated plants can meet the rule’s requirements by burning cleaner natural gas instead of coal, generating energy from renewable sources, implementing energy efficiency program or by holding credits that represent emissions reductions from one of those activities.

Freeman and Konschnik note that a shift from coal to gas is well underway, generation from renewable sources is growing, and utilities are finding innovative ways to help customers save energy. Many power companies are already well-positioned to meet the rule’s targets. While some utilities will publicly protest the rule, and perhaps even oppose EPA in litigation, some power companies may side with the agency. Freeman and Konschnik argue that “[f]or conservative judges who may be skeptical of regulation, industry voices can make a big difference” in litigation.

The full article, entitled A Climate Plan Business Can Like” is available at

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