Follow Up: EPA Regulations on Power Plants

I recently covered the EPA ruling on the regulations for new power plants in order to curb the further emissions of greenhouse gases. This story was prevalent in the news again today with coverage by both The Associated Press and USA Today.

Those news agencies reported that the EPA ruling will be reviewed by The Supreme Court to determine whether or not the EPA has the authority to regulate the emissions of the power plants (www.ap.com).

 

The main issue is whether the 2007 Supreme Court ruling which allowed the EPA to regulate the emissions from automobiles under The Clean Air Act could be used to extend their authority to regulating the emissions from power plants (www.ap.com).

 

Both Sides

 

The environmental groups are downplaying the decision today by The Supreme Court to hear the case. They feel that the unanimous decision the EPA received supporting the regulation in the federal appeals court will help their position.

 

The EPA believes they have a strong case as well, reporting to the AP that they have the right to protect the general public from pollution within the scope of The Clean Air Act.

 

 

The environmental groups also point to the fact that the Supreme Court rejected calls to overturn the 2007 decision as a good indication that the Supreme Court is setting the boundaries of the argument by the energy industry into a very tight frame (www.ap.com).

 

Conversely, the energy industry feels that the decision by The Supreme Court to allow the case to be heard is a positive development in their cause. In my first article on this matter, I detailed the C.C.S. technology and the high cost it would require for implementation in a new power plant. In addition, the energy industry contends that the technology is unproven and they should not be required to implement it until it has been proven to be an effective technology.

 

The energy industry also feels that the Supreme Court could use this case to rule that the EPA has no right to regulate emissions from standing sources, such as power plants, at all (www.ap.com).

 

The Stakes

 

According to reports, the EPA was going to use the cap on emissions for new power plants as a measuring stick for extending regulations of emissions on other standing sources of pollution. The Supreme Court ruling could either greatly enhance the EPA in this process, or greatly inhibit the EPA moving forward in that regard.

 

The AP reported that President Obama was giving the EPA a year to come up with standards for emissions on existing power plants. Subsequently, the Court decision could have drastic ramifications on that process as well. If it rules against the EPA, then they will have a tough legal battle trying to regulate existing power plants.

 

The energy industry has a great deal at stake here as well. If they lose their case, they obviously cannot appeal it any further, and it would have to follow the EPA regulations in any new plants by installing the C.C.S. system.

 

Moreover, they would be faced with certain new regulations on the existing power plants and the emissions from those facilities. Other standing sources of pollution would face similar regulations by the EPA, except this time it would be backed by Supreme Court precedent and The Clean Air Act.

 

These regulations, as I detailed in my earlier article, would have an impact on the American consumer, as it would drive up the cost of energy.

 

Environmental Implications

 

The environmental implications are very steep here as well. The evidence is there to suggest a link between greenhouse gas emissions, particularly of carbon dioxide, and climate change.

 

All of these other implications aside, we have a responsibility to our environment and we need to be much more effective at lowering carbon emissions and other pollutants. We need to protect our planet for future generations. It goes beyond the courts, the costs, and the designation of the role of government.

 

This issue is an issue of humanity, a question of:  what kind of conditions in our environment do we want for our children and our grandchildren? That is a big question, one which will transcend this case and needs to be a part of a much deeper conversation.

One Comment

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