With the ink barely dry on EPA Administrator Gina McCarthy’s signature, legal challenges have already been filed seeking to block EPA’s proposal to regulate carbon emissions from power plants. EPA’s rules could be a major boost for clean energy, energy efficiency and demand side management. Businesses and investors in these sectors will benefit from understanding the potential scenarios for these proposals. In an article published in Breaking Energy last week we assess the potential outcomes of the legal challenges and market implications. Click here to read the article.
Our view is that the court fights about these rules will be among the most contentious in EPA history, likely ending up in the Supreme Court. But it is unlikely the attempts to quickly block the rule will succeed. Therefore a key consideration will be at the state level – the extent to which politics in the states support implementation measures that may be finalized even before the outcome of judicial review. States are only beginning the process of assessing implementation options. Clean energy companies and investors will have a strong interest in monitoring state activity under the proposal.