Coop Affected by Court’s Grant of EPA Request to Stall MACT Lawsuits
A federal appeals court has granted the U.S. Environmental Protection Agency’s (EPA) request to hold pending lawsuits over its utility maximum achievable control technology (MACT) air toxics rule in abeyance until the EPA completes its reconsideration of the rule. The lawsuits being held in abeyance were filed by developers of new power plants, including Deseret Power Electric Cooperative. As a result of the court’s decision, these developers have become concerned that performing the requirements under the utility MACT rule could limit the ability to claim a waiver from the EPA for the proposed greenhouse gas NSPS. They are also concerned that the EPA’s reconsideration is broad enough to warrant the court scrapping the rule altogether. Read more here (subscription required).
