Today's EEI newsletter reports that:
Proposal Would Block EPA, States From Regulating CO2, GHG
Sen. Norm Coleman, R-Minn., has circulated a draft bill to block EPA and states from regulating CO2 and other GHGs by setting a clean-energy performance standard for utilities rather than capping CO2 emissions, Inside EPA reported today. Electricity industry officials were said to be backing the plan.
The newsletter said that a knowledgeable source said Xcel Energy has touted a plan similar to Coleman's proposal. Wrote the newsletter: "The proposal would block EPA from regulating CO2 by clarifying that the gas is not considered a 'pollutant' under the Clean Air Act, according to the proposal. This would preempt pending Supreme Court litigation over EPA's responsibility to regulate CO2, Massachusetts et al. v. EPA, where the agency is arguing that even if CO2 is a pollutant, it has discretion under the air act to [not] regulate."
The proposal comes as Sen. Dianne Feinstein, D-Calif., said in a speech that she plans to introduce a series of bills, including measures establishing a mandatory cap-and-trade program for the electricity sector.
Inside EPA , Oct. 20.
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