by Marlo Lewis
Cooler Heads Blog

“EPA appears to have dropped its controversial requirement that new coal plants install partial carbon capture and sequestration (CCS) from its draft final new source performance standards (NSPS) that it recently sent to the White House for interagency review, according to one informed source,” Dawn Reeves reported last week in InsideEPA ($)…

Although dropping CCS might save the Carbon Pollution Standards rule, it could increase the legal vulnerability of the CPP itself. As discussed previously on this blog, the CPP is arguably unlawful on least 10 separate counts. One of those is that an existing source performance standard (ESPS) cannot be more stringent than the corresponding NSPS…

American Commitment President Phil Kerpen opines that although EPA received two million comments on the NSPS rule, “it looks like it was just one five-page comment from the Energy and Environment Legal Institute (E&E Legal) that sent EPA scrambling back to the drawing board.”

Read more.