Federal Clean Power Plan Implementation Underway — Affected Industries (Not Just Power Gen) Need To Act - December 21, 2015

Weil, Gotshal & Manges

Description

0022 [ST: 1] [ED: 100000] [REL: 16-1] Composed: Wed Dec 16 13:05:08 EST 2015 XPP 8.4C.1 SP #3 SC_00052 nllp 1898 [PW=468pt PD=702pt TW=360pt TD=580pt] VER: [SC_00052-Local:07 Dec 15 19:12][MX-SECNDARY: 11 Dec 15 08:32][TT-: 23 Sep 11 07:01 loc=usa unit=01898-ch1601] 0 PRATT ’S ENERGY LAW REPORT unaffected aspects of the regulation stand.3 In fact, even states that are challenging the rule in court, such as Arkansas, are holding meetings to discuss compliance options, while environmentally-progressive states, such as Washington, are working quickly to have final compliance plans ready by the 2016 deadline. As such, companies and investors in industries that may be affected by the CPP would be wise to study the complexities of the regulation and engage with policy makers soon to ensure that their voices are heard as CPP implementation plans are designed over the course of the next several months. 3 See, e.g., Michigan v. EPA, 135 S. Ct.

2699 (U.S. 2015) (holding that EPA failed to adequately consider costs in promulgating regulations restricting emissions of certain pollutants from power plants, remanding the case to the lower court for additional consideration, but not vacating the rule). 22 .