Court stays EPA's Cross State Air Pollution Rule

The U.S. District Court of Appeals granted a request to stay the U.S. Environmental Protection Agency¹s Cross State Air Pollution Rule (CSAPR) pending further court review, according to Reuters. The move delays the January 1 implementation of the rule.

EPA finalized the rule July 8, setting stricter limits on sulfur dioxide (SO2) and nitrogen oxide (NOX) emissions from power plants in 27 states. Since then, several states, including Kansas and Texas, and power producers such as Luminant, Westar Energy and American Electric Power Co. (NYSE: AEP) have sued the EPA, saying the original January 1 start date did not give states and utilities enough time to meet limits on the greenhouse gases. Luminant said CSAPR would force the company to get rid of 500 jobs, shut down three lignite coal mines and 1,300 MW of coal-fired units.

Luminant had planned to shut down units 1 and 2 at the Monticello coal-fired power plant on January 1 to comply with CSAPR, but will continue to operate them after the stay was granted.

Other states challenging CSAPR were Louisiana, Nebraska, Alabama, Florida, Oklahoma, South Carolina, Virginia, Georgia, Indiana, Michigan, Mississippi, Ohio and Wisconsin.

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