New EPA Ruling Could Mean New Direction

In a surprise move that has potentially seismic ramifications for the energy industry, the EPA issued a ruling last Friday that will essentially halt the development of any new coal-based power plants in the United States. The ruling was issued by the agency’s appeals panel as they denied a permit to Deseret Power, an energy conglomerate looking to build a 110 MW coal-burning power plant on the Uintah and Ouray Indian Reservation in Utah. As a result, more than one hundred other plants in various stages of development and construction now face an uncertain future.

Claiming that they would no longer grant permits for projects that do not adequately consider the mitigation of greenhouse gas emissions, the appeals board overturned a permit recently granted by the agency’s Denver office and cited a 2007 Supreme Court decision giving the EPA federal authority to regulate CO2 emissions. The decision, Massachusetts v. EPA, ruled 5-4 in favor of 12 state plaintiffs that the agency had shirked its responsibilities under the Clean Air Act and was widely perceived as a critique of the current administration’s environmental policies.

Environmentalists have hailed the new move as a harbinger of a green-friendly administration-in-waiting, though many are surprised that it has come under the aegis of a lame duck and environmentally obstinate commander-in-chief. Ultimately, whether this decision signals a belated acknowledgement of accepted scientific fact or a raise-of-the-white-flag by defeated leadership is less significant than the implication that, however we choose to meet our future energy needs, clean and renewable sources should finally get their chance.

Sources: PSD Appeal No. 07-03, Environmental Appeals Board, United States Environmental Protection Agency;“EPA ruling over climate jeopardizes coal plants”, Reuters; “EPA Blocks Coal Plant, Could Change Power Landscape”, The Huffington Post (Nov. 14, 2008);“EPA Coal Decision Levels Playing Field for Wind, Solar”, Wired Science; “EPA Coal Decision Could Pave Way for Renewable Energy”, EcoGeek; “EPA ruling halts all new coal-fired power plants”, Scientific American; “Massachusetts, et al. v. Environmental Protection Agency, et al.”, Supreme Court of the United States, #05-1120; “Supreme Court: Heat-Trapping Carbon Dioxide is Pollution”, National Resources Defense Council (press release); “Justices say EPA Has Power to Act on Harmful Gases”, The New York Times (April 3, 2007).


Posted on Wednesday, November 19th, 2008 at 4:11 pm | Tagged in Global Warming, Legislation, Politics, Sustainability | posted by Bill

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