Report: Trump administration plan to argue EPA overstepped authority on the Clean Power Plan

By Robert Walton, Utility Dive.

Dive Brief:

  • E&E News reports on some details which have emerged on how the White House intends to approach its rollback of the Clean Power Plan, with plans to argue the U.S. Environmental Protection Agency overstepped its authority in regulating the entire power sector under the Obama administration. 
  • The strategy, which is largely the same used by opponents of the rule in court, will not attack the underlying science or seek to undo the 2009 endangerment finding that the pollutant threatens public health.
  • Details have slowly been taking shape as to what form a replacement for the Clean Power Plan will take. The Trump proposal is now under review by the Office of Management and Budget.