On June 2, 2014, the U.S. Environmental Protection Agency (“EPA”) published a draft rule that is intended to cut carbon emissions from existing power plants.  EPA hopes to accomplish this through a state-focused strategy that is essentially an energy control rule than a traditional environmental pollution control effort.  EPA expects to finalize the rule by June 2015 and the States will then have until June 2016 to implement state-specific plans to meet the requirements of the final rule.  According to EPA, existing power plants are the largest source of carbon emissions in the U.S., accounting for roughly one-third of all domestic greenhouse gas emissions.  This rule proposes to cut carbon emissions from the power sector by 30 percent from 2005 levels, aiming at changing how energy is generated and used.   The rule also proposes specific reduction goals for each state.  Under section 111(d) of the federal Clean Air Act, the states are given flexibility in designing plans to meet the standards once they are set.  Therefore, much of the decisionmaking on how to implement these requirements will occur at the state level.  Comments on the proposed rule will be due within 120 days from the date of publication of the rule in the Federal Register.

For a copy of the draft rule and related documents, click here.

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Photo of Michael Cooke Michael Cooke

Board Certified in State & Federal Government and Administrative Practice, Michael G. Cooke concentrates his practice in administrative law, including environmental, utility, and land use law. He represents industrial, agricultural, banking, government, and developer clients on matters involving clean air, climate change, electric…

Board Certified in State & Federal Government and Administrative Practice, Michael G. Cooke concentrates his practice in administrative law, including environmental, utility, and land use law. He represents industrial, agricultural, banking, government, and developer clients on matters involving clean air, climate change, electric generating facilities, renewable energy, telecommunications, utility plant and transmission line siting, water, and wastewater issues and permitting and zoning matters.

From 2003 to 2006, Michael was the Director of the Division of Air Resource Management for the Florida Department of Environmental Protection. In this position, he managed the air quality program for the State of Florida, interacting with federal and local agencies and over-seeing permitting and enforcement matters and the development of state air regulations. Michael also served as General Counsel for the Florida Public Service Commission in Tallahassee from 2006 through 2008. His responsibilities at the Public Service Commission included conduct of rate cases, rulemaking, enforcement proceedings, and decision-making involved with policy issues regarding nuclear facility site cost recovery and renewable energy.

Michael has represented clients in connection with numerous environmental regulatory matters, particularly in air permitting and compliance issues. He has represented electric utilities, manufacturing, and agricultural entities in connection with various Title V and New Source Review matters. He is well versed in CERCLA, RCRA, TSCA, water, and solid waste matters.