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Climate Action

US Court of Appeals issues order to delay EPA ruling on country’s coal plants

The US Court of Appeals for the District of Colombia dealt a blow to environmental groups this week after it issued a last minute order to delay new limits on emissions from coal-fired plants.

  • 03 January 2012
  • The US Court of Appeals for the District of Colombia dealt a blow to environmental groups this week after it issued a last minute order to delay new limits on emissions from coal-fired plants. The Environmental Protection Agency's (EPA) Cross-State Air Pollution Rule, which was due to be introduced on January 1st, will now be subject to review after an appeal by utility companies concerned about the cost of its implementation.
The US Court of Appeals for the District of Colombia has issued a last minute order to delay new limits on emissions from coal-fired plants.
The US Court of Appeals for the District of Colombia has issued a last minute order to delay new limits on emissions from coal-fired plants.

The US Court of Appeals for the District of Colombia dealt a blow to environmental groups this week after it issued a last minute order to delay new limits on emissions from coal-fired plants.

The Environmental Protection Agency's (EPA) Cross-State Air Pollution Rule, which was due to be introduced on January 1st, will now be subject to review after an appeal by utility companies concerned about the cost of its implementation. However, the EPA has warned utilities not to get carried away as the agency fully expects the court to rule in favor of the legislation upon the completion of the review. “The EPA firmly believes that when the court does weigh the merits of the rule it will ultimately be upheld,” the EPA said in a statement following the court's verdict.

The EPA confirmed the Cross-State Air Pollution Rule in July last year as a means of protecting the residents of 27 US states increasingly at risk from the rising levels of sulfur dioxide and nitrogen oxide emitted from the country’s power stations. Despite having six months to prepare for the legislation, a number of utility companies claim that its introduction has come too soon in regards to allowing time for the design and installation of emission mitigating technology and equipment. As a consequence some power generators have been forced to limit the operating time of their plants.

Texas, the second most populous American state, has been particularly aggrieved by the EPA ruling claiming that it was included in the final version without being subject to a sufficient environmental study into the effect of emission on its residents. Texan State regulators note that EPA officials made a series of assumptions about the state’s power grid that were highly inaccurate. State Attorney General Greg Abbot welcomed the news that the ruling was to be reviewed stating that the decision “is a prudent one that now gives the court time to review the regulation and its burdensome effects on Texas.”

Supporters of the EPA Cross-State Air Pollution Rule maintain that the country’s industry has the means to adapt to the legislation and that costs will be directly covered through a reduction in healthcare expenses.

 

Image 01: Arnoldius | Wikimedia Commons

Image 02: Paul Arnold | Wikimedia Commons