Opponents of coal must send the Sierra Club some flowers. Better yet, make a donation to support the important work that they do to stop dirty coal-fired power plants and the pouring of even more CO2 into the atmosphere.
Back in May, the Sierra Club went before the Appeals Board of the Environmental Protection Agency (EAB) arguing that the air permit for Deseret Power's proposed 110 MW Bonanza coal-fired power plant should be overturned because it failed to require any controls on carbon dioxide pollution. As a result of their appeal, yesterday the EAB rendered a decision that will force any new or proposed coal-fired power plants to address the question of how they plan to limit their carbon emissions through "best available control technology" (BACT). You can read the decision here (pdf) and the official Sierra Club statement here.
The 69-page decision described the Bush administration's arguments as "weak," "questionable," "not sustainable," and "not sufficient," and rebuked EPA Administrator Stephen Johnson for failing to issue CO2 regulations, repeatedly recommending an "action of nationwide scope." - Wonk Room
How did Sierra Club argue the case? As Climate Progress explains, they relied on the Supreme Court ruling in Massachusetts vs, EPA. In that case, the Supreme Court ruled that the Clean Air Act gives the EPA the right to regulate CO2 and that greenhouse gases meet the definition of a pollutant under the Clean Air Act. As such, they must have an established BACT in order to limit their secretion into the environment.
So what does this mean?
While the Sierra Club's legal team and other lawyers are still determining the full implications of the decision, it appears that this decision will essentially stop all new coal plant permitting dead in it's tracks for at least a year as EPA decides what BACT means in the context of CO2. - Watthead
This jibes well with President-elect Obama's campaign statements that he would expect the EPA to regulate carbon emissions under the Clean Air Act. And according to the AP, this decision will stop the permitting of as many as 100 coal-fired power plants. Nobody knows for how long, but for long enough to determine what constitutes BACT and certainly long enough to have an Obama EPA in place to help determine those criteria.
...All permits in the pipeline are now stymied," said Jason Hutt, an attorney representing a number of utilities, merchant energy developers and refineries seeking permits. He said it also would affect permits for oil refinery expansion. - AP
Get Energy Smart NOW! asks, what kinds of investors are going to pony up for new coal with these various hoops to jump through? It's a good question. Certainly, non-emitting sources of energy will look like far more attractive investments as a result. And Matt Stoller points out at Open Left that this constitutes a real test of all the rhetoric on "clean" coal. In essence, if they can't make clean coal a reality, they won't have coal at all. With a new administration and a new EPA coming in, a pause in the development of coal-fired power plants could soon turn to a complete stop. A win for the environment, coal opponents and clean energy advocates, all the way around.
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