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.