Court's Rejection of Trump EPA Rule Clears Slate for Emissions Regulation

A D.C. circuit court struck down a rule that limited the agency's regulatory reach to emissions "at the source" in the power sector.

1 minute read

January 28, 2021, 12:00 PM PST

By Diana Ionescu @aworkoffiction


Ohio River Power Plant

The Affordable Clean Energy Rule repealed Obama's Clean Power Plan, which set limits on carbon pollution from power plants. | Essington Creative / Shutterstock

The D.C. Circuit Court of Appeals vacated the EPA's Affordable Clean Energy rule, setting the stage for renewed efforts to regulate emissions at the federal level, reports Ellen M. Gilmer. "The decision undercuts Trump officials’ bid to leave a legacy of deregulation, tossing one of the administration’s highest-profile replacements of aggressive Obama-era environmental rules."

The Trump EPA claimed that the agency could only enforce emissions restrictions "at the source" of power plants, limiting the extent of the agency's power. The court's decision clears the way for a return to the previous administration's "sector-wide approach to reducing emissions." The court rejected the EPA's arguments, asserting that the agency's reading of the Clean Air Act "require[s] the Agency to turn its back on major elements of the systems that the power sector is actually and successfully using to efficiently and cost-effectively achieve the greatest emission reductions."

The ruling will allow the Biden administration to regulate greenhouse gas emissions in the power sector more effectively, but also leaves a "regulatory gap" as the new officials craft a plan. "Environmental lawyers expect new agency leaders to opt for a broad, Clean Power Plan-style approach, but have cautioned that any ambitious regulation will likely invite a skeptical eye from the U.S. Supreme Court’s new 6-to-3 conservative majority."

Tuesday, January 19, 2021 in Bloomberg Law

Aerial view of homes on green hillsides in Daly City, California.

Depopulation Patterns Get Weird

A recent ranking of “declining” cities heavily features some of the most expensive cities in the country — including New York City and a half-dozen in the San Francisco Bay Area.

April 10, 2024 - California Planning & Development Report

Aerial view of Oakland, California with bay in background

California Exodus: Population Drops Below 39 Million

Never mind the 40 million that demographers predicted the Golden State would reach by 2018. The state's population dipped below 39 million to 38.965 million last July, according to Census data released in March, the lowest since 2015.

April 11, 2024 - Los Angeles Times

A view straight down LaSalle Street, lined by high-rise buildings with an El line running horizontally over the street.

Chicago to Turn High-Rise Offices into Housing

Four commercial buildings in the Chicago Loop have been approved for redevelopment into housing in a bid to revitalize the city’s downtown post-pandemic.

April 10, 2024 - Chicago Construction News

Woman with long hair wearing Covid mask sitting on underground train station bench looking at her watch as subway train approaches in background at Hollywood/Western station in Los Angeles, California.

How California Transit Agencies are Addressing Rider Harassment

Safety and harassment are commonly cited reasons passengers, particularly women and girls, avoid public transit.

5 hours ago - The American Prospect

Nighttime view of wildfire in Los Angeles hills.

Significant Investments Needed to Protect LA County Residents From Climate Hazards

A new study estimates that LA County must invest billions of dollars before 2040 to protect residents from extreme heat, increasing precipitation, worsening wildfires, rising sea levels, and climate-induced public health threats.

6 hours ago - Los Angeles Times

Bird's eye view of oil field in New Mexico desert.

Federal Rule Raises Cost for Oil and Gas Extraction on Public Lands

An update to federal regulations raises minimum bonding to limit orphaned wells and ensure cleanup costs are covered — but it still may not be enough to mitigate the damages caused by oil and gas drilling.

7 hours ago - High Country News

News from HUD User

HUD's Office of Policy Development and Research

Call for Speakers

Mpact Transit + Community

New Updates on PD&R Edge

HUD's Office of Policy Development and Research

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.