New Source Performance Standards

 

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Why it Matters

This rule, also known as “Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Power Plants,” regulates carbon pollution from new or refurbished power plants. In addition, having this rule in place triggers the Environmental Protection Agency’s (EPA) obligation to regulate carbon pollution from existing power plants.

Current Status

The rule is in effect; litigation is suspended indefinitelyNorth Dakota v. EPA, No. 15-1381.

History

On October 23, 2015 EPA published a rule setting limits on CO2 emissions from new and refurbished power plants. North Dakota challenged the rule on the same day. –North Dakota v. EPA, No. 15-1381

Trump Era

On March 28, 2017 President Trump’s Executive Order on Promoting Energy Independence and Economic Growth directed EPA to review and “if appropriate . . . publish for notice and comment proposed rules suspending, revising, or rescinding” the NSPS rule.

The same day, EPA urged the D.C. Circuit to delay oral argument and suspend the litigation.

On March 30, 2017 The Court suspended oral argument, scheduled for April 17, 2017.

EPA published its intent to review the rule on April 4, 2017.

On April 28, 2017 the D.C. Circuit put the litigation on hold for 60 days and ordered EPA to file 30-day status reports.

On August 10, 2017 the D.C. Circuit suspended litigation indefinitely and ordered EPA to file 90-day status reports beginning October 27, 2017.

For More Information

For more on the history of the New Source Performance Standards see the rule’s entry in the Columbia University Sabin Center for Climate Change Law’s database. Also see Sabin’s Climate Deregulation Tracker for additional updates.

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