Defining Adequately Demonstrated

The brief defends the EPA's use of the 'best system of emission reduction' (BSER) to mandate carbon capture and storage (CCS) for certain fossil-fuel-fired power plants. It argues that the phrase 'adequately demonstrated' in Section 111 of the Clean Air Act does not require a technology to be widely deployed, citing federal court precedents and legislative history to support the 'technology-forcing' nature of the Act. The document further asserts that this interpretation would remain valid regardless of potential changes to Chevron deference.

• Federal court reviews of regulations since the 1970s establish that a technology can be considered "adequately demonstrated" without being in widespread use, distinguishing Section 111 from other Clean Air Act provisions that specifically require technology already implemented in a sector.
• The legislative history of the Clean Air Act indicates an intent for regulations to be 'technology-forcing,' meaning they are designed to compel industry to adopt new processes and technologies that would not otherwise be implemented for public health or environmental protection.
• The author contends that the longstanding interpretation of "adequately demonstrated" would not be impacted by a Supreme Court decision that limits or removes Chevron deference, which is the doctrine allowing deference to reasonable agency interpretations of ambiguous laws.

APA

Stawasz, D. A. A. (2024). Defining Adequately Demonstrated. Institute for Policy Integrity. https://policyintegrity.org/publications/detail/defining-adequately-demonstrated

Chicago

Stawasz, Dena Adler, Andrew. Defining Adequately Demonstrated. Institute for Policy Integrity, 2024. https://policyintegrity.org/publications/detail/defining-adequately-demonstrated.

Wikipedia

{{cite report |last1=Stawasz |first1=Dena Adler, Andrew |title=Defining Adequately Demonstrated |publisher=Institute for Policy Integrity |date=24 April 2024 |url=https://policyintegrity.org/publications/detail/defining-adequately-demonstrated |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{stawasz2024defining, author = {Stawasz, Dena Adler, Andrew}, title = {{Defining Adequately Demonstrated}}, institution = {Institute for Policy Integrity}, year = {2024}, month = apr, url = {https://policyintegrity.org/publications/detail/defining-adequately-demonstrated}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }