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Environmental Law Program
Sierra Club Lawsuits

Major win in the fight against Utah power plant permits!

Case Updates:

November 21, 2008

The people of Utah can breathe easier and the United States is one step closer to curbing global warming emissions, thanks to a ruling by the EPA’s Environmental Appeals Board (EAB). In May of 2008, Sierra Club went before the EAB to request that the air permit for Deseret Power Electric Cooperative’s proposed waste coal-fired power plant in Utah be overturned because it failed to require any controls on carbon dioxide pollution (CO2). On November 13, 2008 the EAB ruled in favor of Sierra Club and stated that the EPA had no valid reason for refusing to limit CO2 emissions from coal power plants. This decision comes on the heels of the 2007 Supreme Court Decision recognizing CO2 as a pollutant under the federal Clean Air Act. This is a major victory not only for the people of Utah but for the United States as a whole by forcing all new and proposed coal plants nationwide (over 150 have been proposed in the past two years) must now go back and address their CO2 emissions. In essence, these plants must go back to square one in the permitting process.

Coal is the nation’s largest source of CO2 emissions and by delaying the construction of these plants the United States will save tons and tons of CO2 emissions. While this is not the end of all coal power plants, this ruling opens the door for the Obama administration to start with a clean slate to begin building a clean energy economy.

Details and Documents:

To read the opionion click here!

News Articles:

Ruling: Coal Plants Must Limit C02
November 13, 2008 by Virginia Cramer, Sierra Club Press Release

Utah Coal Plant Permit Blocked by EPA Panel
November 13, 2008 by Josef Hebert, AP

EPA Ruling is Major Setback for Coal-Fired Power Plants
November 17, 2008 Sustainable Business


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