Court Dismisses Power Company Challenges to Proposed Carbon Limit

A federal appellate court dismisses challenges to EPA’s proposed carbon dioxide emissions limit for new fossil fuel-fired power plants filed by power industry representatives as premature.  EPA’s proposed new source performance standard for carbon dioxide emissions from fossil fuel-fired power plants is “not final agency action subject to judicial review,” the U.S. Court of Appeals for the District of Columbia Circuit says in an order granting EPA’s motion to dismiss the case.

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