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How the EPA Is Bolstering its Second Try at Power Plant Regulations

Bracewell’s Scott Segal discussed with The Washington Post’s “The Climate 202” the possibility of the Environmental Protection Agency requiring power plants to implement carbon capture technology to reduce their greenhouse gas emissions by 2040.

“If the rule is as described and declares a technology that is not in use as ‘adequately demonstrated’ to the industry, then that is a very risky strategy on their part,” said Segal. “It’s supposed to be what the market has embraced, not what the government is subsidizing.”

Currently, none of the nation’s roughly 3,400 coal- and gas-fired plants use carbon capture technology in a significant way, which raises questions about whether the administration will be able to sufficiently demonstrate the technology’s economic and technical viability. The proposed rules are almost certain to face legal action from Republican-led states and industry leaders.