"The agency’s expected justification for overturning the power plant rule could also absolve it from regulating other industries’ planet-warming emissions."
"EPA is expected to soon argue that the U.S. power sector doesn’t contribute “significantly” to climate change — a bid that could give the agency cover to not regulate planet-warming emissions from a wide range of sources.
EPA included the argument in its draft repeal of Biden-era rules to limit pollution from power plants, according to two people briefed by EPA personnel and granted anonymity to discuss those conversations. The agency bolsters its argument by stating in the draft sent to the White House that U.S. fossil fuel power plants account for 3 percent of global emissions, The New York Times reported last week.
The assertion would take advantage of a section of the Clean Air Act that instructs the EPA administrator to decide whether a category of sources contributes enough harmful pollution to warrant regulation. That could offer a backdoor avenue for EPA to stop regulating most climate pollution — one where the agency has to clear a lower legal bar than overturning the so-called endangerment finding that underpins all Clean Air Act climate regulations."
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