In accord with the President’s June 2013 Climate Action Plan, EPA plans to use existing Clean Air Act authority to develop greenhouse gas emissions (GHG) standards for new and existing sources.  The scope of EPA’s authority under existing law is important given the lack of Congressional action to specifically address GHGs.

The Environmental Council of the States (ECOS) has recently announced the availability of a comprehensive memorandum prepared by members of the American College of Environmental Lawyers (ACOEL).  This memorandum discusses the history and background of Section 111(d) of the Act and is expected to serve as a valuable resource in connection with EPA’s anticipated rulemaking efforts in this area later this year.

Covington & Burling LLP senior counsel Theodore Garrett is on the Board of Regents of ACOEL and is the College’s liaison to ECOS.