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CO2 Ruling Opens Door To New Regulatory Era

Law360 (November 14, 2008, 12:00 AM EST) -- Setting the stage, perhaps, for new greenhouse gas regulations, an appeals board has ruled that the U.S. Environmental Protection Agency incorrectly exempted a coal-fired power plant in Utah from limiting carbon dioxide emissions and ordered the agency to reconsider whether it must impose such limits from now on.

While the Thursday decision by EPA’s Environmental Appeals Board does not explicitly require the agency to begin imposing carbon dioxide limits on coal-fired plants, it may nonetheless signal a paradigm shift as it disqualified the agency’s long-standing argument...
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