10 Key Questions for Assessing EPA's Proposed Carbon Rules Under Section 111(d) of the Clean Air Act

Whether one believes or denies global warming is being caused by humans, today will be remembered as the day the U.S. set an actionable framework by executive fiat for reducing harmful carbon emissions from existing power plants running on fossil fuels. 

What Environmental Protection Agency Administrator (EPA) Gina McCarthy unveils in establishing limits on CO2 pollution with draft amendments to Section 111(d) of the Clean Air Act could be a huge boost to providers of clean energy solutions. Or it could mire the states deploying them in costly litigation that detracts from America’s commitment to mitigating risks of climate change.

The legal risks multiply in step with the overall ambitiousness of EPA’s draft rules. But so too do the risks of waiting to mitigate global warming.

So much has been written about today’s long-awaited action that there is sure to be a flurry of claims and counterclaims clouding the cost-effective solutions that can come from it. To help you navigate through the noise, I’ve cast a wide net; below you’ll find a brief checklist for gauging the potential of 111(d) draft rules.

I’ve drawn from papers and interviews from analysts such as Nathan Richardson at Resources for the Future, Megan Ceronsky at the Environmental Defense Fund and other experts at Advanced Energy Economy, Natural Resources Defense Council and the Nicholas Institute for Environmental Policy Solutions at Duke University.