Final Repeal of Obama-era Clean Power Plan Expected in 2019


“EPA will not complete a replacement for the Clean Power Plan until at least early next year,” E&E News reported July 27, citing the Environmental Protection Agency’s filing yesterday with the D.C. Circuit Court of Appeals. The Court requires EPA to submit regular status reports as a condition for suspending litigation on the Clean Power Plan. EPA on July 9 sent a draft Clean Power Plan replacement proposal to the Office of Management and Budget. OMB review can take up to 90 days. EPA expects to publish the proposed rulemaking in “late summer, or early fall” and finalize it in 2019. 

In a joint comment letter on EPA’s proposal to repeal the Clean Power Plan, yours truly and analysts from 15 other free-market organizations make the case that EPA should simply repeal and not replace the marquee Obama Administration climate regulation. We will have an opportunity to comment again when EPA publishes the proposed Clean Power Plan replacement rule.