Have you measured your company’s carbon footprint yet? Don’t worry if you haven’t, in the wild west that is climate change sometimes it pays to wait and see how things shake out. For instance, who would have thought just picking an accounting method for measuring greenhouse gas (GHG) emissions would be so complicated.
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In my prior posts on CAIR, I analyzed the real world impacts of the Court’s decision to vacate the program. In my final post on CAIR, I highlight some of the legal implications from the Court’s decision on business and policy makers. This is not meant to be a legal brief for lawyers, but rather
For the first time a court has revoked a permit due to concerns over C02 emissions and climate change. While there have been previous instances where states have denied permits due to concerns with C02 emissions, this is the first time a court has revoked a previously issued permit. Notably, the Court did not base its decision on state law, rather it ruled the Clean Air Act (CAA) requires analysis and control of C02 emissions.
Other courts are currently hearing similar challenges. If this decision is a trend it will have major implications for any new facilities seeking an air permit. In a future blog post I will discuss the implications of using the Clean Air Act, specifically the New Source Review provisions, to regulate CO2. Much speculation has been made as to whether CO2 will be regulated even without action by Congress on comprehensive climate change legislation.
The CO2 decision was issued on June 20, 2008 in Georgia’s Fulton County Superior Court. The Georgia Environmental Protection Division had approved a permit for the construction of a proposed 1200-megawatt coal-fired power plant. Environmental groups, including the Sierra Club, challenged the permit saying the plant’s emission of 8-9 million tons of CO2 had to be considered. Siding with the Sierra Club, the Court overturned the State’s issuance and sent the permit back to perform the analysis it said was required under the CAA.
Note: According to Sourcewatch, between 2007 and 2008, plans for 69 coal plants have been canceled.Continue Reading First Court Revokes Air Permit Over CO2 and Clean Air Act