By Daniel Selmi
This paper answers basic questions about EPA's authority to issue federal implementation plans (FIPs) for the Clean Power Plan regulations that EPA is issuing under Section 111(d) of the Clean Air Act. The essay is organized into three parts: (1) the circumstances under which EPA will promulgate a FIP under Section 111; (2) the content and effect of such a FIP; and (3) the enforcement of a FIP. The discussion is written in an accessible, plain language style that will be understandable to both lawyers and non-lawyers.
Read the report Federal Implementation Plans for Controlling Carbon Emissions from Existing Power Plants: A Primer Exploring the Issues in Columbia Law School's Scholarship Archive.