Late yesterday, EPA Administrator Stephen Johnson issued a memo declaring that “[o]fficials weighing federal applications by utilities to build new coal-fired power plants cannot consider their greenhouse gas output.” “The current concerns over global climate change should not drive E.P.A. into adopting an unworkable policy of requiring emission controls” in these cases, Johnson said.
As you may know, last year The Supreme Court ruled that the EPA could regulate carbon dioxide, the most prevalent greenhouse gas, under existing law. Then last month, EPA’s Environmental Appeals Board, ruled that the EPA should consider CO2 in limiting permits for new coal-fired power plants, forcing new and proposed plants to address their carbon dioxide emissions. Well, that ruling has now been overruled. John Walke, lawyer with the Natural Resources Defense Council said, “It’s a marvel to behold an E.P.A. action that so utterly disdains global warming responsibility and disdains the law at the same time.”
Coal plant opponents list several in late stages of the approval process that could be affected by the decision. Vickie Patton, deputy general counsel of the Environmental Defense Fund, estimated that as much as 8,000 megawatts of new coal-fired power plants that could win swifter approval as a result of the ruling.
Lisa Jackson, whom Obama has nominated as Mr. Johnson’s successor, has the opportunity to go through a rule-making and see how to deal with the issue, but the ruling could also tie the hands of President-elect Barack Obama, who has indicated that he wants heat-trapping gases to be regulated.
