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31 Yale J. Reg. Online 1 (2013)

handle is hein.journals/jregb31 and id is 1 raw text is: 










The President's Climate Plan for Power Plants Won't Significant-
ly Lower Emissions


Brian H. Potts'

President Obama released his Climate Action Plan to much fanfare
on June 25, 2013 in an attempt to reduce the country's greenhouse
gas emissions in the range of 17 percent below 2005 levels by
2020. 2 The centerpiece of the plan is to have the Environmental
Protection Agency (EPA) issue carbon dioxide (C02) standards for
new and existing power plants, which account for roughly one-third
of this country's emissions.3

Obama's announcement sent the news media and politicians into a
frenzy, with vast proclamations on both sides about these regulations
shutting down a large number of power plants, increasing electric
costs, and killing the coal industry.4 But as this Essay will illustrate,
these proclamations are exaggerated. The new regulations are unlike-


1 Brian H. Potts is a partner at the law firm of Foley & Lardner LLP and has au-
thored numerous articles on the Clean Air Act. He holds an LL.M in Energy Law
from the University of California, Berkeley School of Law, a J.D. from Vermont
Law School, and a B.S. from Centre College. Parts of this Essay appeared in an
op-ed originally published by Mr. Potts in The Hill on August 5, 2013.
2 EXECUTIVE OFFICE OF THE PRESIDENT, THE PRESIDENT'S CLIMATE ACTION PLAN
6 (June 2013) [hereinafter OBAMA'S CLIMATE PLAN], available at
http://www.whitehouse.gov/sites/default/files/image/president27-
sclimateactionplan pdf.
3Id. at 6.
4 See, e.g., Brenda Buttner, How will Obama'sfight on global warming change the
economy?, Fox NEWS (June 29, 2012) http://www.foxnews.con/on-air/cost-of-
freedom/2013/07/0 1/how -will-obarnas-fi hg lobal-warmninghgl e-econom (last
visited July 30, 2013); Jim Malewitz, In Obama Climate Plan, States Seek Flexibil-
ity, USA TODAY (July 12, 2013)
jp.//www usatoday .com/stoolitics/201 3/O7/12/stateline-obama-climate-
change/2 512055/ (last visited July 30, 2013); Mark Drajem, Republicans Propose
Limiting Obama Climate Plan in Budget, BLOOMBERG (July 22, 2013)
htip://www .bloombegco(/news/2  t 13-07-22/republicans- 0 ose-1imiting
obamna-climate-plan-in-budge hm  (last visited July 30, 2013).