Primary Department: County Attorney
Primary Department Head/Elected Official: Abbie Kamin, County Attorney
Secondary Department: N/A
Secondary Department Head/Elected Official: N/A
Regular or Supplemental RCA: Supplemental RCA
Type of Request: Financial Authorization
Project ID (if applicable): N/A
Vendor/Entity Legal Name (if applicable): N/A
MWBE Contracted Goal (if applicable): N/A
MWBE Current Participation (if applicable): N/A
Justification for 0% MWBE Participation Goal: N/A - Goal not applicable to request
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Justification for 0% Grant Indirect Costs Rate (if applicable): N/A - Not a grant item
Request Summary (Agenda Caption):
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Request by the County Attorney for approval to file a lawsuit against the Environmental Protection Agency (EPA) for partially repealing the 2024 Carbon Pollution Standards for fossil-fuel-fired electric generating units (EGUs), and to file comments on EPA’s proposal to rescind the 2015 findings for fossil-fuel-fired EGUs and to repeal all remaining Federal Clean Air Act Section 111 greenhouse gas standards and requirements applicable to those sources; CAO File No. 2026REG51016.
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Background and Discussion:
EPA is repealing the Biden-era rule for coal-fired power plants that required emission guidelines, a 90 percent carbon capture and storage (CCS) standard for coal fired steam EGUs undertaking major modifications, and the Phase 2 CCS standards for new baseload combustion turbines. Furthermore, EPA is considering repealing these requirements in full, based on a proposed interpretation of the Clean Air Act under which the statute would not authorize EPA to regulate greenhouse gas emissions from fossil-fuel power plants for purposes of addressing global climate change.
This request seeks authorization to file a Petition for Review to join the challenges to the partial repeal and to submit comments on the proposed statutory interpretation currently open for public comment.
Expected Impact: N/A
Alternative Options: N/A
County Strategic Plan Goal: N/A
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Justice/Safety Initiative (Goal 1): N/A
Infrastructure Initiative (Goal 2): N/A
Economy Initiative (Goal 3): N/A
Health Initiative (Goal 4): N/A
Climate/Resilience Initiative (Goal 5): N/A
Housing Initiative (Goal 6): N/A
Additional notes related to the Strategic Plan:
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Anticipated Court Date: 10/15/2026
Anticipated Implementation Date (if different from Court date): Click or tap to enter a date.
Emergency/Disaster Recovery Note: Not an emergency, disaster, or ARPA related item
Contact(s) name, title, department: Sarah Utley, Managing Counsel-Environmental & Affirmative & Special Litigation Divisions, County Attorney’s Office; Kelsey Bowdoin, Administrative Supervisor, County Attorney’s Office
Attachments (if applicable): Order