"Environmental Justice and the Clean Power Plan: The Case of Energy Eff" by Cecilia Martinez
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William & Mary Environmental Law and Policy Review

Abstract

The Clean Power Plan (CPP) was passed by the U.S. Environmental Protection Agency (“EPA”) in 2015 to set carbon dioxide standards in relation to existing power plants in the United States. This paper explores the relationship between this rule and various environmental justice (EJ) issues, especially with respect to energy efficiency. First, differences between procedural justice and substantive justice issues are explained. Then the paper examines the CPP component-by-component to see if there are an explicit mention of environmental justice within the rules. Economic examinations of energy affordability and savings are done by looking at cost data and comparing that data to projected outcomes and likely changes made by the new CPP, seeing how those changes factor into environmental justice and equality concerns. The paper then makes recommendations and raises normative, practice-based questions for climate advocates and policymakers to consider. Most importantly, the paper recommends improving participation in environmental justice by an increased membership across organizations not always involved in energy planning, developing community energy plans to aid in clean energy transition, addressing racial concerns and disparities through benefits assessment ,and increasing efficiency and weatherization resources regardless of economic status.

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