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Environmental Law Program
Sierra Club Lawsuits

Northern Michigan University's Air Permit Sent Back to MDEQ for Failing to Regulate CO2 Emissions from Proposed Coal Plant

Case Updates:

February 24, 2009

On February 18, Michigan took another huge step towards a clean energy future when the Environmental Appeals Board (EAB) sided with the Sierra Club and remanded Northern Michigan University’s (NMU) air permit back to the Michigan Department of Environmental Quality (MDEQ) because it failed to consider CO2 emissions from the proposed coal plant. This decision came shortly after Governor Granholm instructed her regulators to send four other coal-fired power plant proposals back to their applicants to analyze whether there are cleaner, smarter energy options for Michigan.

This decision also closely follows EPA Administrator Lisa Jackson's announcement that the agency would be reconsidering Steven Johnson’s memorandum which sought to overturn a similar EAB ruling that forced the Deseret power plant in Utah to consider CO2 emissions in its air permit application. This ruling is a clear sign that the EPA is serious about addressing climate change; "[this decision] underscores [that] the days of ignoring CO2 are over, and we're thankfully in a new era when science is back in vogue," said Bruce Nilles, director of Sierra Club's Move Beyond Coal campaign.

Details and Documents:

Case Documents:

Order Denying Review in Part and Remanding in Part
Environmental Appeals Board, February 18, 2009

News Articles:

EPA seeks state review of Marquette coal plant
February 22, 2009 by John Flesher, Freep.com


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