In its June 11 proposed rule, the Environmental Protection Agency (EPA) unveiled a revision of the agency’s long-standing practice to regulate pollutants across sectors, signaling out power plants to make a new and pollution-specific determination of their contribution to harmful pollution. If upheld by the courts, this strategy could enable the Trump administration to sidestep the 2009 endangerment rule underpinning all US climate regulations.
Bracewell’s Jeff Holmstead, who served as EPA assistant administrator for air and radiation under former President George W. Bush, told S&P Capital that he expects the agency to try to formally undo the 2009 rule. With endangerment still on the books, the EPA will not be able to “drive a stake” through climate change regulations as EPA Administrator Lee Zeldin has promised to do, according to Holmstead.
