On July 1, nearly half of the States filed a lawsuit in the U.S. Court of Appeals for the District of Columbia challenging the U.S. EPA’s denial of their petition to rehear the new power plant rule regulating carbon dioxide emissions.  The challenge is expected to be consolidated with ongoing litigation over the EPA’s new source performance standards for new power plants (RIN:2060-AQ91).  The lawsuit was filed in response to the EPA’s, May 6, denial of five petitions seeking reconsideration of various aspects of the new performance standard for power plants.  In its denial, the EPA asserted that carbon capture and sequestration technologies, which are effectively required to comply with the regulation, are both technologically feasible and commercially viable.

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