Litigation in the Air: EPA Presses New Rule for Carbon Emissions


Jacob Hollinger said that, under new EPA rules for power plants which call for the « best system of emissions reduction,” the term « system » could be defined as a piece of equipment or as a process, like cap-and-trade. Mr. Hollinger concluded that courts will decide whether to give EPA’s interpretation deference, noting that the recent Supreme Court Homer City Generation case upholding the agency’s interpretation of the word « significant” is « the best sign » for the EPA right now.