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ACE Backers Reach ‘Gentlemen’s Agreement’ Not To Raise Key CPP Claim

Industry and state supporters of EPA’s Affordable Clean Energy (ACE) power plant greenhouse gas rule are expected to ignore a key argument they made against the Obama-era climate rule it is replacing, reaching a “gentlemen’s agreement” among themselves not to raise the issue in forthcoming litigation over the rule.
Related Story: Researchers Question Key ACE Justifications, Finding More Health Harms

Sierra Club is launching a broad legal assault on the Clean Air Act’s 60-day deadline to file challenges to EPA’s air rules, asking for rehearing of an appeals court ruling on state air monitoring plans which, if granted and decided in the group’s favor, could open the door to many other suits challenging years-old EPA rules.

California lawmakers have rejected, at least for this year, a bill that would have required air regulators to study the feasibility of calculating the carbon intensities of millions of products sold in the state to determine if a novel carbon tax based on such data could be imposed to replace the existing sales and use tax.

The biomass industry appears unlikely to challenge EPA’s decision in its Affordable Clean Energy (ACE) power plant greenhouse gas rule to remove co-firing with biomass as a compliance mechanism, even though the agency proposed to allow it and industry strongly supported it.