Important Legal Ruling: Coal Plants Must Limit C02

In a move that signals the start of the our clean energy future, the Environmental Protection Agency’s Environmental Appeals Board (EAB) ruled today EPA had no valid reason for refusing to limit from new coal-fired power plants the carbon dioxide emissions that cause global warming. The decision means that all new and proposed coal plants nationwide must go back and address their carbon dioxide emissions.

“Today’s decision opens the way for meaningful action to fight global warming and is a major step in bringing about a clean energy economy,” said Joanne Spalding, Sierra Club Senior Attorney who argued the case. “This is one more sign that we must begin repowering, refueling and rebuilding America.”

“The EAB rejected every Bush Administration excuse for failing to regulate the largest source of greenhouse gases in the United States. This decision gives the Obama Administration a clean slate to begin building our clean energy economy for the 21st century,” continued Spalding

The decision follows a 2007 Supreme Court ruling recognizing carbon dioxide, the principle source of global warming, is a pollutant under the federal Clean Air Act.

“Coal plants emit 30% of our nation’s global warming pollution. Building new coal plants without controlling their carbon emissions could wipe out all of the other efforts being undertaken by cities, states and communities across the country,” said Bruce Nilles, Director of the Sierra Club’s National Coal Campaign. “Everyone has a role to play and it’s time that the coal industry did its part and started living up to its clean coal rhetoric.”

The Sierra Club went before the Environmental Appeals Board in May of 2008 to request that the air permit for Deseret Power Electric Cooperative’s proposed waste coal-fired power plant be overturned because it failed to require any controls on carbon dioxide pollution. Deseret Power’s 110 MW Bonanza plant would have emitted 3.37 million tons of carbon dioxide each year.

“Instead of pouring good money after bad trying to fix old coal technology, investors should be looking to wind, solar and energy efficiency technologies that are going to power the economy, create jobs, and help the climate recover,” said Nilles.

To get background information and see how the case unfolded click here.

A copy of the decision can be found here (PDF)

This is HUGE. Basically it means that coal power plants MUST use the most up to date (and most expensive) methods to control CO2 available. Don’t expect one red cent to be invested in coal for the next ten years. Instead look for all that money to be directed towards wind, solar, and geothermal. This one is big people, this one is big.