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Yesterday, the U.S. Environmental Protection Agency (EPA) released its proposed Clean Power Plan, which requires a 30 percent reduction in carbon dioxide emissions from existing power plants by 2030. The proposal, using 2005 emission levels as a baseline, would establish the first national approach to reducing these emissions from existing power plants.
The Clean Power Plan proposes a set of guidelines the EPA characterizes as building "on trends already underway in states and the power sector to cut carbon pollution from existing power plants, making them more efficient and less polluting." Citing the "unique mix of emissions and power sources" in each individual state, the EPA identifies state-specific rate-based goals for carbon dioxide emissions as well as the framework for states to use when developing their individual implementation plans.
Under the proposed rule, there would be a two-part carbon emission reduction goal structure, with an "interim goal" that a state must meet on average over the 10-year period from 2020 to 2029 and a "final goal" that a state must achieve for 2030 and beyond. According to the EPA, this overall approach is authorized under Section 111(d) of the Clean Air Act. Per the EPA, Section 111(d) requires that the agency identify "the best system of emission reduction" available to limit pollution, with states then being required to implement plans to achieve this reduction.
To attain state-specific goals, the EPA's 645-page proposal provides the states with flexibility to choose from a variety of options. These options, according to the EPA, are based on "four building blocks": more efficient use of fossil fuel power plants; increased use of low-emitting power sources; expanding and using more zero and low-emitting power sources; and using electricity more efficiently. Recognizing that each state has different policy considerations, the proposal allows the states to work alone to develop plans or to work with other states to develop a multistate approach. States can, for example:
On June 2, at the CBIA's 2022 Energy & Environment Conference, Day Pitney Environmental and Land Use partner Harold Blinderman is moderating the panel, "A New Release-Based Clean-Up Program: Status, Process & Next Steps," and Elizabeth C. Barton, partner and Chair of the Environmental practice, is a panelist, along with speakers from CT DEEP's Environmental Quality Branch and Water Protection and Land Use division and BL Companies.
On May 18, Day Pitney New Jersey Real Estate Partner Peter Wolfson was a panelist on the "P3 Partnerships: A Path for Progressive Development," panel at a CoreNet NJ event.
Day Pitney is sponsoring the upcoming New England Energy Conference and Exposition (NEECE), which is being held on May 17-18 at the AC Hotel by Marriott in Worcester, MA.
Day Pitney Alert
New Jersey-based partner Christopher Stracco is speaking on a panel at the Annual New Jersey Seminar of the Society of Professional Assessors titled, "Timely Topics for Assessors and Appraisers," on April 8.
Day Pitney Hartford Attorney Ashley Membrino has been elected to the Board of Directors for the Hartford County Bar Association (HCBA).
Day Pitney Environmental Partner Todd Terhune was featured by Law360 Pulse in a Q&A article discussing his arrival to the firm and his position as Vice Chair of the Environmental practice.
Environmental partner Todd Terhune's arrival to Day Pitney was featured in Real Estate NJ article, "Day Pitney Adds Terhune as Partner, Vice Chair of Environmental Team."
Todd Terhune's arrival to the firm was profiled in the Law360 article titled, "Day Pitney Adds Environmental Group Vice Chair in NJ."
Day Pitney was included in Real Estate NJ's "Professional Spotlight 2022: Top Law Firms in New Jersey Commercial Real Estate."
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