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EPA's CO2 Rule and 18 States' Resolutions and Legislation

by Raymond L. Gifford
Wilkinson Barker Knauer, LLP - Denver Office

Matthew S. Larson
Wilkinson Barker Knauer, LLP - Denver Office

Gregory E. Sopkin
Wilkinson Barker Knauer, LLP - Denver Office

August 29, 2014

Previously published on August 2014

18 state legislatures passed either legislation or resolutions that EPA has rejected in its CO2 Emission Guidelines. The states demanded that the EPA respect state primacy in setting performance standards under Section 111(d) and/or allow the state maximum flexibility to implement carbon standards, including allowing a more lenient standard and schedule based on the state’s unique circumstances or cost or reliability factors.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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