From Deseret News archives:
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.
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.
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