Controversy on EPA’s regulation on carbon emissions from electric generation

Abstract

In 2021, the case of West Virginia and other state governments against the U.S. Environmental Protection Agency (EPA) brought the Clean Air Act's carbon emissions regulations back into the public eye. The Supreme Court's decision in this lawsuit will have far-reaching implications for the Clean Air Act and the EPA, so the outcome of the lawsuit is being awaited. Therefore, this study focuses on the background of the lawsuit, a description of the law involved, and an assessment and prediction of the overall case. Moreover, it introduces the two different regulating plans regarding the interpretation of §7411(d) of the CAA, and proposes two solutions and discusses their feasibility. One suggestion is to increase EPA's authority over carbon emissions control. Another proposal is to limit EPA's control of carbon emissions to the fenceline. Since then, this paper has expressed a more favorable view of limiting EPA's rights based on analysis and trade-offs.