Bracewell’s Jeff Holmstead recently spoke with E&E News on the potential of the Biden administration turning to the EPA to decarbonize the power sector using the Clean Air Act.
Holmstead said that White House climate adviser Gina McCarthy and EPA acting air chief Joe Goffman would have a healthy respect for the legal risks involved in regulating carbon under the Clean Air Act for stationary sources.
“EPA hasn’t even started the regulatory process yet because the Clean Air Act doesn’t give the agency a clear path forward,” Holmstead said.
“It’s certainly true that the Biden EPA will impose additional regulations on the power sector even if the CEPP is adopted, but they’ll be regulating conventional pollutants — not CO2,” he added. “If they are committed to regulating CO2 no matter what happens in Congress, why haven’t they done anything yet?”