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GHG Emissions Regulations for the Power Sector


January 30, 2014


Washington, DC

In June, President Obama announced his Climate Action Plan aimed at reducing U.S. greenhouse gas emissions to 17% below 2005 levels by 2020.  The agenda’s centerpiece is using Section 111 of the Clean Air Act to reduce both new and existing power plant greenhouse gas emissions with a goal of implementing regulations before the end of his term in office. The legal issues inherent in undertaking this task are extremely complex with significant economic, environmental, and social implications. And the timetable laid out by the President is extremely ambitious.

This day-long conference brought together top experts in the field of energy and environmental law to discuss the legal hurdles and possibilities as well as the real-world ramifications of using Section 111 to address power plant greenhouse gas emissions. Discussion leaders focused on the legal uncertainties EPA and power producers will face as well as the day-to-day implications these regulations and the regulatory uncertainty will have for power producers, users, and state regulators as this new regulatory regime is constructed. In a wrap-up session, panelists discussed relevant legislative history and review likely legal arguments to be made in response to and in support of proposed GHG rules for the power sector.


8:30 am Registration & Continental Breakfast
9:00 am Welcome
9:15 am Setting the Scene:  GHG Regulations for Electric Generating Units under CAA Section 111– The Statutory Framework and the EPA Process
  Joe Goffman, Senior Counsel to the Assistant Administrator for Air and Radiation, U.S. Environmental Protection Agency
10:00 am Section 111(b):  GHG Regulations for New Electric Generating Units Proposal
  Alex Bond, Director, Air Quality, National Mining Association (moderator)
Shannon Broome, Partner, Katten Muchin Rosenman
Jonas Monast, Nicholas Institute, Duke University
Dr. Karen Obenshain, Director, Fuels, Technology & Commercial Policy, Edison Electric Institute
10:45 am Break
11:00 am Section 111(d):  Part 1 - Defining the Best System of Emission Reduction
  Roger Martella, Partner, Sidley & Austin LLP (moderator)
Jane Montgomery, Partner, Schiff Hardin
Conrad Schneider, Advocacy Director, Clean Air Task Force
Robert McKinstry, Partner, Ballard Spahr
12:15 pm Lunch
12:30 pm Luncheon speaker:  Richard Lazarus, Supreme Court and Environmental Regulations for the Power Sector
1:30 pm Section 111(d):  Part II – Compliance Flexibility and the States
  Vicki Arroyo, Executive Director, Georgetown Climate Center (moderator)
Craig Segall, California Air Resources Board (invited)
Tom Peterson, President & CEO, Center for Climate Strategies
Vince Brisini, Deputy Secretary, Pennsylvania Department of Environmental Protection
2:45 pm Break
3:00 pm Wrap Up:  Section 111(d) - Legislative History and Other Litigation Issues
  Emily Fisher, Associate General Counsel, Energy & Environment, EEI (moderator)
Vickie Patton, Environmental Defense Fund (invited)
Chuck Knauss, Partner, Katten Muchin Rosenman
Robert Meyers, Senior Counsel, Crowell & Moring
4:15 pm Close