Arlington, VA— Today, August 4, 2025, the American Consumer Institute (ACI) has submitted comments on the U.S. Environmental Protection Agency’s (EPA) proposal: Repeal of Greenhouse Gas Emissions Standards for Fossil Fuel-Fired Electric Generating Units (often referred to as Clean Power Plan 2.0 or CPP 2.0).
ACI supports the repeal of CPP 2.0, advocating for market-driven innovation over mandates reliant on underdeveloped technologies. The U.S. must prioritize affordable, dispatchable, and abundant energy to meet future demand and remain competitive globally.
Key takeaways:
Legal and Regulatory Overreach. CPP 2.0 mirrors the original Clean Power Plan, which was struck down by the Supreme Court under the major questions doctrine, citing lack of clear congressional authorization. The EPA is once again attempting to reshape the nation’s energy mix without direct legislative mandate, raising constitutional concerns.
Technology Feasibility Concerns. Carbon capture and storage (CCS), mandated under CPP 2.0 for coal and new gas plants, is not commercially viable at the scale required. Projects face prohibitive costs, permitting challenges, and unresolved risks including leaks and storage reliability.
Reliability and Affordability Risks. Premature fossil plant retirements jeopardize 60% of current U.S. electricity supply, risking grid reliability. States with high renewable penetration have seen surging electricity rates and growing risk of blackouts.
Growing Energy Demand. Electricity demand is projected to rise 25% by 2030 and 78% by 2050, largely due to AI-driven data center growth and reindustrialization. The DOE and NERC warn that retiring dispatchable generation without adequate replacement will trigger supply instability.
Environmental Considerations. U.S. emissions have already dropped significantly, with natural gas playing a central role in displacing coal and reducing pollutants. Overregulation risks shifting production to countries with lax environmental standards; renewable energy technologies have their own environmental concerns.
ACI urges policymakers to recognize the negative impact CPP 2.0 poses to grid reliability and affordability, threatening consumer welfare and U.S. economic strength. Emission reductions can and should be pursued through market-driven innovations rather than burdensome and unrealistic regulations.
Read the full letter below