This article was originally published September 9, 2008.
Over the past year, opponents of coal-fired power have filed high-profile appeals of Prevention of Significant Deterioration (PSD) permits issued for new coal-fired power plants. The appeals claim the U.S. Supreme Court's decision in Massachusetts v. EPA, 548 U.S. 497 (2007) requires agencies to regulate carbon dioxide (CO2) emissions. More recently, a new petition claims that before issuing a PSD permit, an agency must consult with federal agencies under the Endangered Species Act (ESA) because CO2 emissions are allegedly causing global warming which in turn is harming species (or their habitat) listed under the ESA.
Desert Rock permit appeal. On August 20, 2008, the Sierra Club and others petitioned EPA's Environmental Appeals Board (EAB) to review the Desert Rock Energy Project's PSD permit. In re Desert Rock Energy Company,LLC, PSD 08-03. The petition argues that after Massachusetts v.EPA carbon dioxide is an air pollutant "subject to regulation" under the Clean Air Act for which EPA must determine what is the Best Available Control Technology (BACT). Additionally, petitioners assert that CO2 had been subject to regulation before the Massachusetts decision because Congress had required power plants to monitor and report CO2 emissions, that global warming requires a permitting agency to consider alternatives to a coal-fired power plant when performing a BACT review, and that EPA must consider the construction of an integrated gasification combined cycle (IGCC) plant, instead of the pulverized coal technology proposed by the source, during the BACT review.
To view the article in its entirety please click here.
Sidley Austin LLP, a Delaware limited liability partnership which operates at the firm's offices other than Chicago, London, Hong Kong, and Sydney, is affiliated with other partnerships, including Sidley Austin LLP, an Illinois limited liability partnership (Chicago); Sidley Austin LLP, a separate Delaware limited liability partnership (London); Sidley Austin, a New York general partnership (Hong Kong); Sidley Austin, a Delaware general partnership of registered foreign lawyers restricted to practicing foreign law (Sydney); and Sidley Austin Nishikawa Foreign Law Joint Enterprise (Tokyo). The affiliated partnerships are referred to herein collectively as Sidley Austin, Sidley, or the firm.
This article has been prepared by Sidley Austin LLP for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers should not act upon this without seeking professional counsel.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.