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Climate Beat

Outside Views: EPA criticized for conflating air law sections in ACE plan

September 13, 2018
EPA improperly conflated two Clean Air Act sections to justify a legal interpretation in its “Affordable Clean Energy” (ACE) proposal to replace the Clean Power Plan (CPP) utility climate rule, according to a law professor who says the two provisions have little in common. Dan Farber, a law professor at the University of California-Berkley, notes in a Sept. 4 Legal Planet blog post that both the ACE proposal and the CPP are issued under section 111(d) of the air law,...

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