In an unprecedented move, a Georgia state court ruled yesterday that a
new coal plant must limit the amount of carbon dioxide it releases.
This is the first time any U.S. court has applied the April 2007
Supreme Court ruling that recognized carbon dioxide as a pollutant
under the federal Clean Air Act.
The ruling could have far reaching effects and should influence
permits for all new coal-fired power plants, not just those in Georgia.
The ruling builds on the momentum started last year by Kansas Governor
Kathleen Sebelius’ courageous decision to reject a new coal plant
because global warming is a public health threat.
The decision, issued by a Superior Court judge in Fulton County,
Georgia, halts the construction of Dynegy’s (NYSE: DYN) Longleaf coal-fired power
plant. Dynegy is the largest coal plant developer in the country, with
more proposed new coal plants than any other company.
"Coal-fired power plants emit more than 30% of our nation’s global
warming pollution," said Bruce Nilles, Director of the Sierra Club’s
National Coal Campaign. "Thanks to this decision, coal plants across
the country will be forced to live up to their clean coal rhetoric."
As originally permitted the plant would have emitted 9 million tons of
carbon dioxide annually. The original permit placed no restrictions on
the amount of carbon dioxide the plant could emit.
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