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US emissions rule for new power plants faces opposition

Published by
World Coal,

The US EPA’s new source rule intends to set emissions standards for new fossil-fired generation that are similar to the Clean Power Plan’s aim of reducing C02 emissions by 30% from a 2005 baseline to 2030 for existing US coal-fired power plants.

However, it is adding a supplementary requirement for any new coal facilities that are to be built in the future need to include a carbon capture and sequestration.

West Virginia’s Attorney General Patrick Morrisey is opposing these new rules and leading a coalition against the new source rule.

On 3 November, Attorney General Patrick Morrisey released an unofficial version of his petition for review of the EPA’s new source rule, pledge to demonstrate that the rule exceeds the EPA’s statutory authority and is otherwise arbitrary and impulsive.

The petition will be submitted to the US Court of Appeals for the District of Columbia Circuit.

The first state to change the new source rules was North Dakota and it is reported that legal experts have projected this could be a core component to stopping the Clean Power Plan. This is due to under the relevant Clean Air Act provisions, the EPA must regulate new sources of emissions before it can control existing sources of emissions, and so a successful challenge of the new source rule could effectively halt the existing source rule.?

Other attorney generals from various state are also aligning with West Virgina’s challenge. They include attorney generals for the states of Alabama, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Missouri, Michigan, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Wisconsin and Wyoming, as well as the Arizona Corporation Commission, the Louisiana Department of Environmental Quality, and the North Carolina Department of Environmental Quality.

Edited from various sources by Harleigh Hobbs

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