Restore CAA §111 limits: predicate findings for new pollutants; flexible §111(d) federalism
Mandate restores the position that EPA cannot regulate a new pollutant from an already regulated category without predicate findings, auto-withdraws stale proposals, and revises §111(d) implementing rules for source-specific, state-deferential plans.
Mandate
Mandate Ch. 13 (EPA) — CAA Section 111: restore position EPA cannot regulate a new pollutant from already regulated source category without predicate findings for that new pollutant; institute automatic withdrawal of proposed rules not finalized within statutory one-year period; revise general implementing regulations for §111(d) to ensure source-specific application and flexible, federalist, deferential state planning.
Undo plan
1) Regulate power-sector and industrial pollution within West Virginia v. EPA major-questions bounds.
2) Give states plan flexibility with enforceable federal backstops.
3) Avoid automatic withdrawals that create regulatory whiplash—use extensions transparently.
4) Harmonize §111 and §112 where overlapping.
5) Verify: state plan approval times and emissions trajectories.