The Trump administration may scrap Biden-era climate rules for the power sector without replacing them.
EPA submitted its draft repeal of the rules to the White House Office of Management and Budget on Friday. But that repeal does not appear to be paired with replacement rules to limit power plant emissions — an unusual move, given that EPA still has a legal obligation to regulate carbon from the highest-emitting sectors. The White House regulatory website shows that only a “Carbon Pollution Standards Repeal” is under review.
The absence of a replacement rule isn’t a complete surprise. The agency is under no obligation to repeal and replace the standards at the same time — and EPA has already said it will “reconsider” a 2009 finding that underpins all Clean Air Act climate rules. If that effort is completed and stands up in court, it could remove EPA’s obligation to write a new power rule.
In short, the Trump administration appears to be choosing to not write a rule at all, under the assumption that it will never have to.
