Natlawreview iconNatlawreviewSep 23, 2026 ~1 min source read

EPA Partially Repeals Power Plant Carbon Rules, Punts Questions of Broader Authority to New Proposal

Environmental Protection Agency (EPA) published a final rule partially repealing the 2024 Carbon Pollution Standards. Circuit may therefore leave those broader questions unresolved, at least for now.

EPA Partially Repeals Power Plant Carbon Rules, Punts Questions of Broader Authority to New Proposal

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Environmental Protection Agency (EPA) published a final rule partially repealing the 2024 Carbon Pollution Standards.

Circuit may therefore leave those broader questions unresolved, at least for now.

EPA's simultaneous supplemental proposal would go further by rescinding the predicate findings supporting pow...

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The useful part

Environmental Protection Agency (EPA) published a final rule partially repealing the 2024 Carbon Pollution Standards. Circuit may therefore leave those broader questions unresolved, at least for now. EPA's simultaneous supplemental proposal would go further by rescinding the predicate findings supporting pow...

What to take from it

The final rule removes the 2024 existing-source emission guidelines and specified standards based on carbon capture and storage (CCS), but other new-source GHG standards remain unless and until EPA finalizes the supplemental proposal.

Details worth keeping

The repeal relied largely on the technical and economic record, rather than on more fundamental questions about the agency's legal authority to regulate power plant greenhouse gas (GHG) emissions under Clean Air Act (CAA) section 111 in order to address climate change. Notably, EPA simultaneously issued a supplemental proposal that would go further by rescinding EPA's foundational 2015 findings and determinations supporting power plant GHG regulation under CAA section 111, and repealing the power-sector GHG requirements that remain under that section. Comments on the supplemental proposal are due by November 2, 2026.

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