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


Substation Relay Protection Training

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

  • Live Online
  • 12 hours Instructor-led
  • Group Training Available
Regular Price:
$699
Coupon Price:
$599
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

Berlin urged to remove barriers to PV

Germany Solar Cap Removal would accelerate photovoltaics, storage, and renewables, replacing coal and nuclear during…
View more

Ermineskin First Nation soon to become major electricity generator

Ermineskin First Nation Solar Project delivers a 1 MW distributed generation array with 3,500 panels,…
View more

Amazon Announces Three New Renewable Energy Projects to Support AWS Global Infrastructure

AWS Renewable Energy Projects deliver new wind power for AWS data centers in Ireland, Sweden,…
View more

Australia PM rules out taxpayer funded power plants amid energy battle

ACCC energy underwriting guarantee proposes government-backed certainty for new generation, cutting electricity prices and supporting…
View more

USAID Delivers Mobile Gas Turbine Power Plant to Ukraine

USAID GE Mobile Power Plant Ukraine supplies 28MW of emergency power and distributed generation to…
View more

N.S. approves new attempt to harness Bay of Fundy's powerful tides

Bay of Fundy Tidal Energy advances as Nova Scotia permits Jupiter Hydro to test floating…
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

Live Online & In-person Group Training

Advantages To Instructor-Led Training – Instructor-Led Course, Customized Training, Multiple Locations, Economical, CEU Credits, Course Discounts.

Request For Quotation

Whether you would prefer Live Online or In-Person instruction, our electrical training courses can be tailored to meet your company's specific requirements and delivered to your employees in one location or at various locations.