Memorandum: Status of Affordable Clean Energy Rule and Clean Power Plan
On January 19, 2021, the D.C. Circuit vacated the Affordable Clean Energy rule and remanded to the Environmental Protection Agency for further proceedings consistent with its opinion. Since then, EPA Regional staff have received requests from multiple states seeking clarity regarding their obligations in light of the court decision. The purpose of this memo is to provide EPA Regional staff with information so they can respond to those requests regarding EPA’s view that the court’s opinion did not result in any obligation for states to submit Clean Air Act section 111(d) State Plans under the Clean Power Plan, nor do states have any obligations under the now-vacated ACE rule.