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Suit over carbon dioxide standard for new power plants is premature, court rules

From the January 4, 2013 issue of Public Power Daily

Originally published January 4, 2013

By Robert Varela
Editorial Director
A federal appeals court dismissed on procedural grounds a challenge to the Environmental Protection Agency's proposed new source performance standard setting a carbon dioxide emissions limit for new fossil fuel-fired power plants. The proposed standard is "not final agency action subject to judicial review," the U.S. Court of Appeals for the District of Columbia Circuit said in a Dec. 13 order dismissing the case (Las Brisas Energy Center LLC v. EPA).


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