North Carolina, Duke Energy ask court to let EPA revise air rules


NFPA 70E Training

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:
$199
Coupon Price:
$149
Reserve Your Seat Today
The North Carolina attorney general's office and Duke Energy Corp. said a federal appeals court shouldn't throw out a Bush administration initiative to cut power-plant pollution, but instead should allow the Environmental Protection Agency to revise the rules.

The U.S. Court of Appeals for the District of Columbia Circuit struck down the EPA emission regulations in July, siding with North Carolina, Duke and other utility companies. Duke expects others will join the company in its request.

The appellate court decision threw into disarray emission-allowance markets and the environmental plans of many utilities.

It remains unclear whether companies will have to comply with the regulations, known as the Clean Air Interstate Rule, starting next year. The regulations are aimed at cutting emissions of unhealthy pollutants and particulate matter in 28 states by tightening the cap on sulfur-dioxide emissions and establishing a new cap on emissions of nitrogen oxides.

Although the court ruled against the EPA regulations in July, it hasn't issued a mandate yet to invalidate them. The EPA appealed the decision, and the court is seeking opinions from North Carolina, Duke and others by Wednesday on whether it should vacate the rule as planned, or delay the mandate while the EPA makes revisions.

Duke executives said in a conference call with analysts that the company doesn't believe it's appropriate to eliminate the entire rule to fix it, referring to that approach as "throwing out the entire baby with the bath water."

The legal battle over the rules is creating considerable uncertainty. At issue is whether the rules would remain in effect while EPA makes revisions, and if so, how long that process would take, said Peter Zaborowsky, a managing director for environmental brokerage Evolution Markets.

The new regulations in 2009 require additional allowances for the emission of nitrogen oxide. Although power producers don't need these credits right away, he said, they'll want to start factoring them in to the cost as they make pricing decisions for plants. At the same time, the market for allowances has come to a halt because of the lack of clarity, Zaborowsky said.

Related News

BC Hydro Expects To See Electricity Usage Rise This Holiday Season

BC Hydro Holiday Electricity Usage is set to rise as energy demand increases during peak…
View more

BC Hydro cryptic about crypto mining electricity use

BC Hydro Crypto Mining Moratorium pauses high-load connection requests, as BCUC reviews electricity demand, gigawatt-hours…
View more

Marine Renewables Canada shifts focus towards offshore wind

Marine Renewables Canada Offshore Wind integrates marine renewables, tidal and wave energy, advancing clean electricity,…
View more

Demise of nuclear plant plans ‘devastating’ to Welsh economy, MP claims

Wylfa Nuclear Project Cancellation reflects Hitachi's withdrawal, pulling £16bn from North Wales, risking jobs, reshaping…
View more

Duke Energy reaffirms capital investments in renewables and grid projects to deliver cleaner energy, economic growth

Duke Energy Clean Energy Strategy advances renewables, battery storage, grid modernization, and energy efficiency to…
View more

Planning for our electricity future should be led by an independent body

Nova Scotia Integrated Resource Plan evaluates NSPI supply options, UARB oversight, Muskrat Falls imports, coal…
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