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.

Sithe Global's clients have pending proposals to build coal-fired plants in New Mexico and Nevada.

Maisano said the board had found that the statute allows agency interpretation of whether the carbon-dioxide emissions would be subject to regulation under the Clean Air Act.

Another utility-company attorney, Rich Alonso, who works for the same firm as Maisano, said many industries are breathing a sigh of relief.

"A ruling in support of regulation would have turned American industry on its head by forcing inappropriate and inflexible CO2 regulation across the country instead of allowing Congress to develop a national program to address CO2."

The Sierra Club's Gallagher, however, called the board's decision a "giant step" toward forcing the coal-fired power plant industry to pay more attention to carbon-dioxide emissions.

He said coal-fired plants emit about 30 percent of the country's pollution that leads to global warming.

"Now it's time the coal industry did its part and live up to its 'clean coal' rhetoric," he said.

Gallagher called the decision one that rejects the Bush administration's lax industry requirements that have ultimately failed to recognize coal as the largest source of greenhouse gas in the nation. The Appeals Board, he noted, is part of the EPA but acts like an independent tribunal, or a quasi court that goes above EPA staff decisions during a challenge

On the Net:

Deseret Power: www.deseretgt.com

Environmental Appeals Board ruling: www.tinyurl.com/6onjhq

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E-mail: sspeckman@desnews.com