White Papers

State Implementation of CO2 Rules

On Friday, July 11, 2014 WBK released a White Paper entitled “State Implementation of CO2 Rules: Institutional and Practical Issues with State and Multi-State Implementation and Enforcement” addressing the institutional and practical challenges that states face in implementing EPA proposed CO2 Emission Guidelines issued pursuant to Section 111(d) of the Clean Air Act. The White Paper analyzes the proposed rule’s impact on state regulatory institutions and the effects of the overlay of a CO2-driven regulatory regime on traditional electric resource planning. The White Paper covers legal and practical issues in vertically-integrated and restructured states, as well as with non-jurisdictional generators. Finally, it covers constitutional and practical issues with multi-state compliance approaches and the need for state legislation regardless of what compliance approach is pursued by a state.

With questions, please contact authors Ray Gifford, Greg Sopkin or Matt Larson.