In Global Warming Cases, Suing Plants May Not Work

Law360, New York (January 15, 2008, 12:00 AM EST) -- In Early County, Ga., about a mile from “the Hooch,” as some Georgians affectionately refer to the Chattahoochee River, a proposed 1200-megawatt coal-fired power plant will be permitted to provide power without any limitations on its carbon dioxide emissions.

The plant's permit, which an administrative judge affirmed last month, will stand unless environmental activists can convince a court that the plant's estimated nine million tons of carbon dioxide emissions per year should be controlled.

Across the country, dozens of existing or proposed coal plants are being...
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