Plain-English summary
Rules limits on EPA’s role in setting state standards for power-plant emissions
In North Dakota v. EPA (No. 20-1780), decided June 30, 2022, the Court reversed a D.C. Circuit decision and held that the Clean Air Act does not allow the EPA to require states to set emissions standards for existing power plants by using a generation-shifting approach that effectively forces a state to restructure its generation mix. The case was remanded to the lower court for further proceedings consistent with the opinion.
Why this matters
The decision narrows the EPA’s ability to use the Clean Air Act to push states to reduce emissions by reshaping their electricity systems. It clarifies limits on federal power under Section 111(d), affecting how the federal government can address power-plant greenhouse gas emissions and other pollutants using state plans.
Who may feel it
- State governments that write plans to meet EPA guidelines for power plants
- Owners and operators of existing power plants (coal, gas, etc.)
- Electric utilities and grid operators
- Energy industry workers and investors
- Communities concerned about air quality and climate policy
Key questions
- Does Section 111(d) of the Clean Air Act allow the EPA to set state-specific emissions targets that require generation shifting (changing a state’s mix of electricity sources) as a means of compliance?