Paul Gutermann Quoted on Energy Policy Act and EPA Rulemaking

Akin Gump environment and natural resources practice head Paul Gutermann was quoted by Law360 for its article “State's Flawed EPA Suit Sets Up Future Carbon Cap Fights” on Nebraska’s legal challenge to the Environmental Protection Agency’s proposed carbon emission caps for new power plants.

According to Law360, Nebraska maintains that the Energy Policy Act bans linking new power plant performance standards to pollution-reduction technology developed with federal assistance.

Gutermann noted an important detail in this debate, “There’s one key word: The Energy Policy Act language says EPA can’t rely 'solely' on projects that have been supported by Energy Policy Act subsidies.”  Law360 notes that experts say that the D.C.Circuit would “likely have to parse the meaning of ‘solely’…in reviewing challenges to a final rule on the issue.”