EPA chief Scott Pruitt will argue that the agency went too far in setting carbon reduction goals by looking at what the broader power system could achieve instead of focusing solely on improvements at coal plants, an administration official told E&E News.
Obama's EPA contended that it made sense to accelerate a market trend away from coal and toward lower-carbon natural gas and renewable power. Critics said the agency exceeded its authority by trying to regulate the entire sector.
States and industry groups brought that challenge, along with a slate of others, in September to the U.S. Court of Appeals for the District of Columbia Circuit. Pruitt was among them as Oklahoma's attorney general.
The decision to focus on the legal argument is expected. But it also signals that EPA might not, as of now, try to fight the science behind the rule.
Environmental advocates say they will contest the reversal of the Clean Power Plan once Trump's EPA makes it final. The agency recently sent a draft to the White House Office of Management and Budget for review.
Read more at CLEAN POWER PLAN
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