Emissions Rule Foes Face Long Odds In Scientific Attack
By Sean McLernon
Law360, New York (November 6, 2013, 8:33 PM ET) -- Opponents of proposed federal emissions rules for new power plants are focusing their critiques on the technological feasibility of the carbon capture and storage requirements, which attorneys say is a risky legal strategy against the U.S. Environmental Protection Agency as it typically receives considerable deference on scientific issues.
A U.S. House of Representatives hearing last week highlighted concerns about the current status of carbon capture and storage, or CCS, that is part of the proposed emissions standards scheduled to be finalized next year. Arguments that the...