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Federal appeals court rules policy on exempting power plants is unlawful
WASHINGTON - A federal appeals court struck down a Bush administration policy exempting power plants from certain environmental regulations. The court said the policy was unlawful.
The U.S. Court of Appeals for the District of Columbia Circuit negated a rule known as cap-and-trade. That policy allows power plants that fail to meet emission targets to buy credits from plants that did, rather than having to install their own mercury emissions controls. The rule was to go into effect in 2010.
The court struck down the cap-and-trade policy and the Environmental Protection Administration's plan to exempt coal- and oil-fired power plants from regulations requiring strict emissions control technology to block emissions.
New Jersey and many other states challenged the policy in federal court. The agency defended the rule, saying it represented the nation's first attempt to control such emissions and would reduce mercury emissions by 70 percent.
The three-judge panel agreed with the states that the EPA did not have the authority to exempt the power plants. The court unanimously ruled that EPA's arguments were "not persuasive."
http://www.msnbc.msn.com/id/23068517/
WASHINGTON - A federal appeals court struck down a Bush administration policy exempting power plants from certain environmental regulations. The court said the policy was unlawful.
The U.S. Court of Appeals for the District of Columbia Circuit negated a rule known as cap-and-trade. That policy allows power plants that fail to meet emission targets to buy credits from plants that did, rather than having to install their own mercury emissions controls. The rule was to go into effect in 2010.
The court struck down the cap-and-trade policy and the Environmental Protection Administration's plan to exempt coal- and oil-fired power plants from regulations requiring strict emissions control technology to block emissions.
New Jersey and many other states challenged the policy in federal court. The agency defended the rule, saying it represented the nation's first attempt to control such emissions and would reduce mercury emissions by 70 percent.
The three-judge panel agreed with the states that the EPA did not have the authority to exempt the power plants. The court unanimously ruled that EPA's arguments were "not persuasive."
http://www.msnbc.msn.com/id/23068517/