Here is our general legal interpretation of the decision -
1) The EPA has the authority to regulate CO2 from power plants
2) Every reason the EPA has used so far not to regulate CO2 from power plants has been thrown out
3) If the EPA decides not to regulate CO2, they have to come up with a whole new explanation for why not
4) This is directly binding on any air quality permit issued by the EPA
5) Because every state must be at least as stringent as the EPA, every state must also either establish a CO2 limit or come up with a new reason not to
So every PSD permit that is not yet final or is being challenged on CO2 grounds (and we may try to reopen other permits) has to go back to the drawing board.
If you have any other questions, you can email me at [log in to unmask]
Thanks,
Mark
-----Original Message-----
>From: "Lyle R. Krewson" <[log in to unmask]>
>Sent: Nov 14, 2008 9:16 AM
>To: [log in to unmask]
>Subject: Re: "Ruling: Coal Plants Must Limit C02"
>
>Phyllis
>
>Someone else may know more details about the ruling, but it was by an
>EPA body, so it is believed it would apply to all coal plants in the
>future, and I think even that are in the permitting process already,
>as I understand it. I am open yet to further information, and I am
>sure at my Lobbying Colloquium in early December we will get briefed
>on all of this and indeed, a great deal of our agenda is energy related.
>
>____________________________________________
>Lyle Krewson
>Sierra Club, Iowa Chapter Lobbyist
>
>1725 S. 50th Street #602
>West Des Moines, IA 50265
>
>[log in to unmask]
>515-238-7113 - Cel
>____________________________________________
>
>
>On Nov 14, 2008, at 6:40 a, Phyllis Mains wrote:
>
>> Lyle, Was this the ruling in in the case in WI? On NPR yesterday
>> morning a rebutal from Iowa Coal Plant advocates said the cases were
>> not the same. This was a big win for WI and I hope for us in Iowa
>> too. Phyllis
>
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Mark Kresowik
Corporate Accountability Representative
Sierra Club's National Coal Campaign
[log in to unmask]
319-621-7393 (cell)
608-257-4994, x118 (work)
608-257-3513 (fax)
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