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Fulton judge delays plant
Moore's ruling overturns Administrative Law Judge Stephanie Howells' earlier ruling upholding the permits issued by EPD for the plant which did not include any carbon dioxide limits. Howells, in a 108-page decision reached Jan. 11, had ruled affirming the EPD decision to issue an air quality permit, stating, "...the weight of the evidence demonstrates that limits imposed by EPD are reasonable and supported by law." Moore's 19-page decision relied on a decision by the Supreme Court last year that carbon dioxide could be regulated as a pollutant. However, no regulations have been set and the Bush administration has indicated it would not issue any regulations before the president leaves office. Several other courts across the nation have rejected carbon dioxide limit arguments similar to those in the Georgia case from the Sierra Club and other environmental activists. "We think this is the beginning of the end of conventional coal-fired power plants," said Bruce Nilles, director of the Sierra Club's national campaign against coal. He noted that of the 80 coal plants in the permitting process nationwide, about 30 are in active litigation. The ruling sends the permit back to the Georgia Department of Natural Resources, which had issued the permit in May 2007. Longleaf Energy Associates had planned to break ground on the $2 billion project later this year. Project manager Mike Vogt said Monday the ruling would be appealed, stating that in contrast to pollutants like soot, nitrogen oxides and sulfur dioxide, there was no commercially available carbon control technology, nor has the state or federal government even set a limit on carbon dioxide emissions. "There simply are no regulations out there to tell us what we would have to do," he said. "The E.P.A. is wrestling with this right now, as is Congress." Vickie Patton, deputy general counsel at the Environmental Defense Fund, stated that the judge's reasoning might prove persuasive to other courts facing similar issues. "I would be surprised if it had much of an impact," Robert Wyman, a partner in the Los Angeles office of Latham & Watkins, the law firm, who has represented power producers in previous cases. "I'm not sure other jurisdictions will pick up that opinion. Despite the Supreme Court finding, federal regulators had not issued the finding required before a pollutant can be regulated. The ruling comes 27 days after the one-day July 3 hearing held in Judge Moore's Atlanta courtroom filled with environmental activists. According to an article in the June 27 Creative Loafing, Judge Moore stated at that hearing, "No one can be employed if they're falling down dying." She added that she had 19 boxes of documents sitting in the clerk's office at that time that she needed to examine. "We need to look at both the economy and the environment. That's what I will do." "I am thrilled that the Judge understands our concerns about public health and global warming here in Early County. Coal plants are a bad idea all around, they hurt our lungs, they hurt our land, and they hurt our livelihood," said Bobby McClendon, a leader of Friends of the Chattahoochee. Healthcare providers and patient advocacy groups around the state lined up against the proposed plant and submitted amicus curiae briefs in the case. The Medical Association of Georgia issued a strong resolution opposing any new coal-fired plants. Vogt reaffirmed the company's committment to build the power plant via a telephone conversation with the News Monday afternoon. "We're committed for a number of reasons. Most importantly, this is a good project."
An appeal of Judge Moore's ruling will be filed with the Georgia Court of Appeals within 30 days.
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