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Climate Beat

Litigation: Air law experts fault Pruitt's CPP 'fenceline' argument

February 15, 2018
Two Clean Air Act legal scholars say EPA Administrator Scott Pruitt's chief justification for proposing to repeal the Obama-era Clean Power Plan (CPP) to limit utility greenhouse gas emissions is flawed, and that nothing in the air law prohibits the agency from regulating beyond a facility's fenceline. Daniel Farber, a law professor at the University of California-Berkeley, and Kirsten Engel, a University of Arizona law professor and an Arizona state representative, filed Jan. 15 comments with EPA arguing that section...