Featured in Inside EPA: Jonathan Brightbill on EPA Power Plant Rules

Top Biden administration officials are signaling they plan to continue crafting strict EPA power plant rules even as the Supreme Court agrees to hear a case that could curb the agency’s authority to broadly limit greenhouse gas emissions from the sector by barring it from regulating “beyond the fenceline” of a particular plant to force generation shifting.

Winston & Strawn Partner Jonathan Brightbill, who served as the Justice Department’s top environmental lawyer at the end of the Trump administration and defended ACE before the D.C. Circuit last year, says, “[w]hat they may end up doing is a series of options,” similar to the Obama-era CPP, which included four “building blocks” in the proposal that was limited to three in the final rule.

Read more of Jonathan's insights in the full Inside EPA article here (subscription required).