Got a Better Idea?: Promoting Greenhouse Gas Regulations Through Solution-Based Informal Rulemaking

Lorraine J. Baer · 17 Vand. J. Ent. & Tech. 211

Abstract

In September 2013, the US Environmental Protection Agency (EPA) proposed a rule regulating greenhouse gas emissions from newly constructed, coal-fired power plants. Coal industry lawyers immediately began preparing for litigation. Like many industry-led arbitrary and capricious challenges, their goal is to stop the regulations from moving forward. This Note analyzes the new rule,concluding that although the EPA’s rule is legally sound, it does have some potential weaknesses. Rather than merely blocking the regulations through litigation, however, this Note proposes that interest groups should instead submit their own solutions during the notice-and-comment rulemaking process, which would reduce regulatory gridlock and encourage meaningful debate.