WASHINGTON, D.C., April 29, 2014 -- On April 15, 2014, the White House Office of Management and Budget met with representatives from the Coalition for Innovative Climate Solutions to discuss EPA’s draft proposed rule establishing greenhouse gas performance standards for power plants under Section 111(d) of the Clean Air Act. Over the past few months, the Coalition has authored a series of white papers designed to provide EPA and the states with constructive input on how best to set such standards and met with a number of agency officials and relevant stake holders.
At the meeting, counsel for the Coalition, Bill Bumpers of Baker Botts LLP, identified and explained the key elements necessary for the standards to achieve cost-effective emission reductions from the electric power sector:
State flexibility to select the form for standards of performance (i.e., rate- or mass-based).
State flexibility to design creative, innovative emissions reductions programs, which could include non-jurisdictional activities implemented outside of power plants affected by the rulemaking.
Recognition of early GHG reduction actions, including plant retirements, renewable energy development and energy conservation programs.
Sufficient time to develop state plans and reasonable implementation and compliance periods.
Incentives for accelerating planned actions to reduce GHG emissions.
The Coalition for Innovative Climate Solutions is made up of electric generating companies located throughout the United States and reflecting the highly diverse nature of the electric generating industry.
The Coalition’s Core Principles can be viewed here, and the white papers are available here and here.
Bill Bumpers is an environmental partner in the Washington, D.C. office and heads the firm’s global Climate Change Practice. Mr. Bumpers is a leading authority on climate change issues, including carbon trading mechanisms in the United States and internationally. He represents companies involved with emission reduction projects in the United States pursuant to American Carbon Registry and Climate Action Registry protocols, as well as related CRT and emission reduction credit transactions. Mr. Bumpers also represents a wide range of companies on developing policy and regulatory issues in the United States and regarding the creation of GHG legislative and regulatory policies in the United States.
Megan Berge is an environmental senior associate in the Washington, D.C. office. Her practice involves regulatory compliance and litigation relating to air, waste, and water issues. Ms. Berge works in the area of climate change on the state and federal level, advising clients on permitting issues for new and existing sources and the U.S. EPA rulemaking process. Ms. Berge also assists clients in developing system-wide compliance plans to address multi-media compliance obligations under state and federal laws. Ms. Berge’s litigation experience includes government enforcement actions and private citizen suits under the Clean Air Act and toxic tort actions. Additionally, Ms. Berge represents clients in appeals of EPA orders and regulations.
Allison Watkins is an environmental associate in the Washington, D.C. office. Ms. Watkins’s practice involves regulatory compliance counseling and litigation relating to air, water, and environmental remediation issues. She advises clients on regulatory compliance matters by assessing environmental obligations under state and federal laws. Ms. Watkins represents clients participating in the federal agency rulemaking process, including drafting comments on proposed rules issue by the U.S. Environmental Protection Agency, on topics such as emissions standards for power plants issued under the Clean Air Act. Ms. Watkins also represents clients in environmental litigation matters, including government enforcement actions and private citizen suits arising under the Clean Air Act as well as class actions relating to toxic torts.
About Baker Botts L.L.P.
Baker Botts is an international law firm of approximately 700 lawyers practicing throughout a network of 15 offices around the globe. Based on our experience and knowledge of our clients’ industries, we are recognized as a leading firm in the energy, technology and life sciences sectors. Throughout our 174-year history, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit BakerBotts.com.