Paul Gutermann Talks to Law360 on New EPA GHG Rule

For “EPA’s New Plant Emissions Rule Is Courtroom Ready,” its article on a revised Environmental Protection Agency rule capping greenhouse gas (GHG) emissions for new power plants, Law360 quoted Akin Gump environment and natural resources practice head Paul Gutermann.

Regarding the rule, which, the article notes, demonstrates EPA’s desire to protect the agency from legal challenges once it issues the final version, Gutermann said, “It's a much more sophisticated political document, with clearly an eye for the judicial review and what they're going to be able to argue in court to support it.”

On the topic of EPA’s thinking on carbon dioxide capture and sequestration (CCS) standards for new plants—considered to be the part of the rule most likely to be challenged in court—he noted the cost projections performed by EPA for new fossil fuel-fired electricity generation with and without CCS options, “What that says to me is that whatever [standards] they come out with for existing plants is going to have partial carbon capture and storage in place. The number may be a little higher, but I'll be surprised if it's that much higher than the final number they come out with for the new plants.”

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