Georgia court cites carbon in coal-plant ruling


CSA Z462 Arc Flash Training – Electrical Safety Compliance Course

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 6 hours Instructor-led
  • Group Training Available
Regular Price:
$249
Coupon Price:
$199
Reserve Your Seat Today
A Georgia state court invalidated a permit to build a 1,200-megawatt coal-fired power plant, citing the developers' failure to limit emissions of carbon dioxide, a greenhouse gas blamed for global warming.

An environmental group immediately praised the decision, predicting it would lead to reconsideration of many coal-fired power plants under development in the country.

The order, from Fulton County Superior Court Judge Thelma Wyatt Cummings Moore, reversed an air permit issued earlier this year by the Georgia Department of Natural Resources to Longleaf Energy Resources, a joint venture of Houston-based Dynegy Inc and LS Power Group.

The judge disagreed with regulators' action to reject carbon dioxide as a pollutant that is subject to regulation under the Clean Air Act, citing a 2007 U.S. Supreme Court decision.

In that order, the Supreme Court said carbon dioxide is a pollutant under the existing federal law.

A Dynegy spokesman said the company was reviewing the ruling and had no comment on the future of the project, a traditional, pulverized coal plant to be built in Early County, Georgia.

The Sierra Club, which is fighting construction of many new coal plants, along with Friends of the Chattahoochee Inc, challenged the Longleaf air permit, which put no restrictions on the expected emissions of 8-million-plus tons of carbon dioxide.

"This is the first court of any stripe to interpret the Supreme Court's ruling as it applies to coal-burning power plants," said Bruce Nilles, director of the Sierra Club's national coal campaign.

Nilles likened the importance of the Georgia court ruling to Kansas Governor Kathleen Sebelius' decision last year to reject a new coal plant in that state on grounds that global warming is a public health threat.

"In one swift decision, it changes the debate around global warming regulation in the United States because it now means that every coal plant has to consider its CO2 impacts," Nilles said.

The Sierra Club hopes the ruling will accelerate the debate to create a strong federal bill to protect the climate, Nilles said.

Related News

Duke Energy will spend US$25bn to modernise its US grid

Duke Energy Clean Energy Strategy targets smart grid upgrades, wind and solar expansion, efficient gas,…
View more

Canada Finalizes Clean Electricity Regulations for 2050

Canada Clean Electricity Regulations align climate policy with grid reliability, scaling renewables, energy storage, and…
View more

Manchin Calls For Stronger U.S. Canada Energy And Mineral Partnership

U.S.-Canada Energy and Minerals Partnership strengthens energy security, critical minerals supply chains, and climate objectives…
View more

Is Ontario's Power Cost-Effective?

Ontario Nuclear Power Costs highlight LCOE, capex, refurbishment outlays, and waste management, compared with renewables,…
View more

Europe Stores Electricity in Natural Gas Pipes

Power-to-gas converts surplus renewable electricity into green hydrogen or synthetic methane via electrolysis and methanation,…
View more

For Hydro-Québec, selling to the United States means reinventing itself

Hydro-Quebec hydropower exports deliver low-carbon electricity to New England, sparking debate on greenhouse gas accounting,…
View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Download the 2026 Electrical Training Catalog

Explore 50+ live, expert-led electrical training courses –

  • Interactive
  • Flexible
  • CEU-cerified