Following the EPA’s release of the final Affordable Clean Energy (ACE) rule in June 2019, Jackson Walker partner Mike Nasi joined Thomas A. Lorenzen, a partner at Crowell & Moring in Washington, D.C., to discuss this rule to replace the 2015 Clean Power Plan.
Presented by The Federalist Society on August 6, 2019, the teleforum discussed how the ACE rule and the Clean Power Plan differ in terms of statutory construction, delegation of authority, and flexibility to states, as well as potential legal challenges and judicial review timelines. During the discussion, Mike focused on state implementation matters as he is representing a coalition of entities in the development state implementation strategies.
“One of the outcomes of the final rule is that this rule is a huge shift to a more state-controlled process, consistent with the statutory structure under 111(d),” Mike said.
“This rule is a huge shift to a more state-controlled process.”
For access to the full recording, visit The Affordable Clean Energy (ACE) Rule event page or listen via Apple Podcasts or Google Play. To review Mike’s entertaining take on the ACE Rule, view “The Affordable Clean Energy (ACE) Rule: The Latest “Trump” Card.”
Michael J. Nasi’s compliance counseling, permitting, and enforcement defense work spans the following federal (and related state) programs: Clean Air Act, Clean Water Act, Solid Waste Disposal Act, Endangered Species Act, and National Environmental Policy Act. Mike is counsel for parties in ongoing EPA regulatory proceedings relating to carbon dioxide, interstate air quality, regional haze, and coal combustion residuals, including appeals pending before the United States Courts of Appeals for the Fifth, Eighth, Tenth, and D.C. Circuits, as well as the Supreme Court of the United States. Mike is a past Chairman of the State Bar of Texas Environmental and Natural Resources Law Section and serves on the faculty for Rice University’s “Leadership & Decision Making in the Energy Industry” course and as a guest lecturer in the “Energy Law & Policy” course at the University of Texas Law School.