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Flexibility in EPA Power Rule Could Also Bring State Liability (1)

Dec. 13, 2018, 8:29 PMUpdated: Dec. 13, 2018, 8:50 PM

The flexibility that utilities and many state regulators hailed the Trump administration’s EPA for including in its proposal to replace Obama-era power plant carbon limits could also be somewhat of a curse.

The Environmental Protection Agency carved out a much narrower role for itself in its plans to replace the Clean Power Plan, which during President Barack Obama’s administration set first-time carbon limits on existing power plants.

The agency’s August proposal under President Donald Trump places much of the regulatory responsibility in the hands of the states, encouraging regulators to assess individual power plants in their states to determine whether ...

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