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Greenhouse Gas Emissions Proposal for Existing Power Plants Raises Thorny Issues

Expert Bloomberg BNA authors examine the major issues that the EPA and courts are likely to find themselves grappling with as a result of the EPA proposal to control emissions from existing power plants.

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By Thomas A. Lorenzen

There has been much heated debate in Congress, in the press and elsewhere about whether climate change is occurring, whether human activity plays any part in causing climate change if it is occurring, and whether the Environmental Protection Agency has any authority to regulate greenhouse gases under the Clean Air Act in an effort to halt or minimize climate change. This article will debate none of that, because from the federal courts' perspective, at least for the moment, those battles appear to have been resolved in the EPA's favor. The article will instead examine the major issues that the EPA and courts are likely to find themselves grappling with as a result of the EPA proposal to control emissions from existing power plants.


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