Utah coal-fired plant blocked by EPA panel
Both sides of CO2 issue claim reason to celebrate ruling
A large national law firm that represents electric utilities said Thursday's decision will "require the Obama administration to decide early in its tenure whether and to what extent it intends to regulate CO2 emission under the CAA (Clean Air Act)."
But another law firm said the nation's electric utility industry can actually breathe a "sigh of relief" this week, because the ruling didn't impose a specific regulation and instead sent the issue back to the Environmental Protection Agency for further review.
The Environmental Protection Agency's Environmental Appeals Board blocked a construction permit previously issued by the EPA's regional Denver office. The Deseret Power Electric Cooperative has been planning to expand the 486-megawatt Bonanza Power Plant, located southeast of Vernal.
As a result of the board's decision, the matter "goes back to the drawing board," said Pat Gallagher, director of environmental law for the Sierra Club. Utah Physicians for a Healthy Environment and Western Resource Advocates were among several groups that filed briefs in support of the Sierra Club.
The Deseret Power expansion calls for a 110-megawatt plant. Environmentalists' appeal of the plan said EPA officials in Denver failed to explain why the permit they issued for the plant did not include emissions limitations for carbon dioxide. According to estimates, the expansion alone would emit 3.37 million tons of carbon dioxide annually. Nationwide, coal-fired plants emit about 2 billion tons of carbon dioxide each year.
About 90 percent of Utah's electricity needs are met by coal-fired power plants.
Last year, the U.S. Supreme Court ruled against an EPA claim that carbon dioxide is not an air pollutant in need of regulation under the federal Clean Air Act. The regional group Western Climate Initiative, of which Utah is a member, will over the next year be urging states to draft legislation that would hold polluters accountable for carbon dioxide and other greenhouse-gas emissions.
The law firm Akin Gump Strauss Hauer & Feld said on the Web site, www.ClimateIntel.com, that President-elect Barack Obama's administration will now have to decide how to regulate carbon dioxide.
"The decision has immeasurable implications for not only the electric utility industry, but also any industrial facility emitting carbon dioxide," the law firm said.
Frank Maisano, whose Washington D.C. law firm represents coal-fired plant developer Sithe Global, issued a statement saying environmental groups were "over-reading" the board's ruling. Maisano works for the firm Bracewell & Giuliani.
Recent comments
If we keep building plants, we will make the planet inhospitable.
...
Anonymous | Jan. 17, 2009 at 11:43 a.m.
Coal Man: Why not bring them into this? it will get done on...
John | Nov. 15, 2008 at 1:26 p.m.
Dutch, please don't bring the LDS into this.
Coal Man | Nov. 15, 2008 at 5:35 a.m.
- 'Drop Dead Diva' is frothy fun 6:14 p.m.
- Vail's mountain cross inspiring 6:14 p.m.
- Bishop on a mission 6:14 p.m.
- Look for face of God in others 6:14 p.m.
- Religion briefs 6:14 p.m.
- Teachings on adultery after Sanford 6:14 p.m.
- Church camps closing doors 6:14 p.m.
- Religion around the world 6:14 p.m.
- Did daughter not pay for car? 6:13 p.m.
- Ra Ra Riot brings groove to S.L. 6:13 p.m.
- LDS seminary principal arrested
- Jazz talking Boozer trade?
- Reactions on Boozer speculation
- Stadium of Fire flag burning was fake
- Jazz in back of line for free agents
- A primer for the 6th Potter film
- Okur signs two-year extension
- Jazz won't meet Lopez on Europe trip
- Restaurant destroyed by fire
- Mall owner seeks to retain zoning
- Bronco collecting a galaxy of recruits
141 - Letters: Palin mistreated
141 - Teachers struggle with district cuts
137 - LDS seminary principal arrested
135 - Jazz talking Boozer trade?
134 - Blazers may offer Millsap a contract
123 - Stadium of Fire flag burning was fake
91 - Moon landing: Let's hear from you
83 - Fairness of BCS debated
81 - Chaffetz eyes challenging Bennett
74
By now you've probably read about the investigation that showed just how...
The photographs are mysterious, brooding, dark. They show dimples and...
Brown is ANOTHER teams property, the jazz can't sign him.
Actually it was Mr. Rush Limbaugh who invented the Internet. Rush knows...
Boozer you deserve a team like Sac, we will take Nocioni and their first...
Hear Hear! Excellent letter from a man with a most excellent name. (Yes,...
What a great organization! Good luck in helping children, families, and...
I think you are ALL missing the obvious. Just skip the middleman portland...
Its a good thing YBU has Heaps, Apo, and Stout to use as recruiting power...
Assuming the charges are truthful, he has done a lot of damage to the...
The jazz need to let sap go for sure. 8+change is just too much, especially...
The letter is oversimplified. But then so is the assertion that CO2 can...


