File #: 21-050   
Status: Agenda Ready
In control: County Commission
Agenda Date: 1/12/2021 Final action: 1/12/2021
Title: MOTION TO AUTHORIZE Office of the County Attorney to 1) join in a Petition for Review being filed in the District of Columbia Circuit Court of a final rule of the United States Environmental Protection Agency ("EPA") affecting greenhouse gas emission ("GHG") regulation from coal-fired power plants; and 2) authorize the County Attorney to execute any necessary Common Interest Agreement for confidential legal coordination with other Petitioners' attorneys regarding the litigation. (Mayor Geller)
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting
Director's Name: Steve Geller
Department: County Commission

Information
Requested Action
title
MOTION TO AUTHORIZE Office of the County Attorney to 1) join in a Petition for Review being filed in the District of Columbia Circuit Court of a final rule of the United States Environmental Protection Agency ("EPA") affecting greenhouse gas emission ("GHG") regulation from coal-fired power plants; and 2) authorize the County Attorney to execute any necessary Common Interest Agreement for confidential legal coordination with other Petitioners' attorneys regarding the litigation. (Mayor Geller)

body
Why Action is Necessary
Board approval is necessary to authorize the County to join litigation and enter into agreements.

What Action Accomplishes
Authorizes the Office of the County Attorney to join litigation on behalf of Broward County and execute an agreement allowing for confidential legal coordination with other Petitioners' attorneys.

Is this Action Goal Related
No

Previous Action Taken


Summary Explanation/Background
In 2015, the EPA issued a New Source Performance Standard ("NSPS") limiting GHG emissions from new coal-fired plants and a different standard for GHG emissions from new gas-fired plants. New coal-fired plants would almost certainly have to install a cutting-edge emission control technology called Carbon Capture and Sequestration, which removes carbon dioxide from emissions and stores it underground. Additionally, the establishment of GHG standards for new power plants would require EPA to apply those standards to existing coal fired power plants if they are modified or reconstructed. The 2015 NSPS underlies both the 2015 Clean Power Plan and the weaker 2019 Affordable Clean Energy rule that replaced it.

In December 2018, EPA formally proposed an administrative rule weakening the 2015 NSPS. In March 2019, a coalition of 19 states and eight local governments submitted comments objecting...

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