Law & Property Rights Practice Group
May 20th, 2014
12:00 noon to 2:00 p.m.
529 14th Street, N.W.
Washington, D.C. 20045
Section 111(d) of the Clean Air Act, the Environmental
Protection Agency is poised to propose new regulations
for CO2 emission reductions from existing power
plants. What is the appropriate federalism model for
regulation of CO2 emissions under the Section 111(d)?
Oklahoma Attorney General Scott Pruitt will roll out
his new paper, "The Oklahoma Attorney General's
Plan: The Clean Air Act Section 111(d) Framework that
Preserves States' Rights." The Attorney General's
plan for state-level compliance construes federal and
state authority under Section 111(d) as follows: EPA
designs a procedure and emission guidelines, and
States determine the legally enforceable emission
standard that is as stringent as the applicable
guideline - unless the State determines that
circumstances justify imposition of a less stringent
emission standard. The Oklahoma Attorney General's
Plan institutes a unit-by-unit, "inside the
fence" approach to determining State emission
standards, and accounts for the practical reality that
air quality impacts differ from State to State, as do
costs and opportunities for CO2 emission reductions.
This approach preserves State primacy and does not
turn over management of local generation fleets to
EPA; the Oklahoma Attorney General's plan keeps
resource planning in the hands of state regulators
with specialized expertise and a focus on ratepayer
impacts and protection of the public interest.
Attorney General Pruitt's presentation will be
followed by a panel discussion of the plan's merits,
its understanding of Section 111(d), and its wider
implications for State Clean Air Act compliance.
Scott Pruitt, Attorney General, State of
William Brownell, Hunton & Williams LLP
McCormick III, U.S. Senate Energy and Natural
David Doniger, Natural Resources
Moderator: Jeffrey Bossert Clark,
Chairman, Federalist Society Environmental Law &
Property Rights Practice Group Executive Committee,
and Kirkland & Ellis LLP
Lunch will be served. There is no cost to attend