State GHG Regulation in a Trump Era: Energy Efficiency as BACT

摘要

With the Obama USEPA's Clean Power Plan unlikely to come to fruition under the incoming Trump administration, this article examines another avenue that states(or USEPA) may use to regulate GHG emissions from major stationary sources: by more aggressively pursuing energy efficiency as”best available control technology”under the Prevention of Significant Deterioration program of the Clean Air Act. This article argues that such regulation may validly include efficiency measures both”at-the-source”and-more ambitiously-”beyond the fence line.”